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International Association of Risk and Compliance Professionals (IARCP)

Dear Member, Do you know that investor in London are betting on when a particular set of US citizens will die and, if these people live longer than anticipated, the investment may not function as expected … … and that the UK Financial Services Authority (FSA) has confirmed guidance that this is a high risk product that should not be promoted to the vast majority of retail investors in the UK? We live in (mad) financial times. These “high risk products” are called Traded Life Policy Investments (TLPIs). Yes, risk management is very important. The risk is that policyholders will not die the day we want them to die. Investors hope to benefit by buying the right to the insurance payouts upon the death of the original policyholder. Well, we speak about London, let’s see the interesting definition of the shadow banking sector from Mr Paul Tucker, Deputy Governor for Financial Stability at the Bank of England, (speaking at the European Commission High Level Conference, Brussels, 27 April 2012). He said that “shadow banking” is not the same as the non-bank financial sector. For example, the vast majority of hedge funds are not shadow banks, and don’t trade in the credit markets or especially illiquid markets. Also, non-bank intermediation of credit is not a bad thing in itself. Indeed, it can be a very good thing, helping to make financial services more efficient and effective and the system as a whole more resilient. But, as we know from this crisis and from previous ones, true shadow banking can weaken the system. Regulatory arbitrage, which is always with us, can distort and disguise channels of intermediation. Shadow banking comes in lots of shapes and colours. There are degrees to which any particular instance of shadow banking replicates banking.

The liquidity offered by some shadow banks relies pretty well entirely, and more or less openly, on committed lines of credit from commercial banks. In these cases, the liquidity insurance offered by the shadow bank is “derivative”; there is a real bank in the shadows. But for other shadow banks, liquidity services are offered without such back-up lines. In those cases, claims on the shadow bank have, in effect, become a monetary asset. Examples probably include money market mutual funds and an element of the prime brokerage services offered by securities dealers to levered funds. Interesting!

Developing a Single Rulebook in banking

Andrea Enria, Chairperson European Banking Authority, Central Bank of Ireland – Stakeholder Conference ‘FINANCIAL REGULATION THINKING ABOUT THE FUTURE’ 27 April 2012 Ladies and Gentlemen, My main topic today will be the Single Rulebook, the main path ahead of us to achieve the objectives of the new European institutional framework established with the endorsement of the recommendations of the de Larosière report. I will primarily focus on owns funds, as this is a key issue for re-establishing the regulatory framework on a sound footing and the EBA is currently running a public consultation on this. I will also briefly touch on another important component of the Single Rulebook: the liquidity requirements. However, before tackling these issues, I would like to give you an overview of the first year of existence of the EBA and especially of the work done to face the challenges posed by the current crisis.

1. The efforts of the EBA in tackling the financial crisis
In the first year of its life, the priorities of the EBA had to be focused on the challenges raised by the deterioration of the financial market environment. The stress test exercise we conducted in the first part of 2011 focused on credit and market risks but also, in recognition of the risks that subsequently crystallised, incorporated sensitivity to movements in funding costs. Banks were also required to assess the credit risk in their sovereign portfolios. In many respects, I believe the exercise was successful: in order to achieve the tougher capital threshold, anticipating many aspects of the new Basel standards, banks raised € 50 bn in fresh capital in the first four

months of the year; we set up a comprehensive peer review exercise, which ensured consistency of the exercise across the Single Market, notwithstanding the many differences in national regulatory frameworks; the exercise included an unprecedented disclosure of data (more than 3200 data points for each bank), including amongst other things detailed information on sovereign holdings. However, the progress of the stress test was tracked by a significant further deterioration in the external environment. The main objective of restoring confidence in the European banking sector was not achieved, as the sovereign debt crisis extended to more countries, thus reinforcing the pernicious linkage between sovereigns and banks. Most EU banks, especially in countries under stress, experienced significant funding challenges. In this context, the IMF and the European Systemic Risk Board (ESRB) called for coordinated supervisory actions to strengthen the banks’ capital positions. The EBA assessment was that without policy responses, the freeze in bank funding would have led to an abrupt deleveraging process, which would have hurt growth prospects and fuelled further concerns on the fiscal position of some sovereigns, in a negative feedback loop. We then called for coordinated action on both the funding and the capitalisation side. While advising the establishment of an EU-wide funding guarantee scheme, the EBA focused its own efforts on those areas where it had control, primarily bank capitalisation. To this end, the Board of Supervisors, comprising the heads of all 27 national supervisory authorities, discussed and agreed that a further recapitalisation effort was required as part of a suite of coordinated EU policy measures. Our Recommendation identified a temporary buffer to address potential concerns over EU sovereign debt holdings and required banks to reach 9% CT1. The total shortfall identified was € 115 bn. The measure was agreed in October and enacted in December 2012. It was swiftly followed by the ECB’s long term refinancing operations (LTROs), arguably the key “game changer” in this context.

But the recapitalisation was a necessary complementary measure: while banks needed unlimited liquidity support, to avoid a credit crunch, they had to be asked to accelerate their action to repair balance sheets and strengthen capital positions. These measures have bought time but should not bring complacency. The recapitalisation plan has seen banks make significant efforts to strengthen their capital position without disrupting lending into the real economy. The EBA’s intensive monitoring of the process shows that 96% of the shortfall identified was met by direct capital actions. Moreover, there has been a strong spirit of cooperation between home and host supervisors in discussing and taking forward these plans through colleges of supervisors, which has acted as a meaningful counterweight to the trend for national concerns to come to the fore in the current environment. Going forward, heightened attention to addressing residual credit risk, making efforts to meet the new CRD IV requirements, setting in place plans to gradually restore access to private funding and exit the extraordinary support of the ECB will be key.

2. The Single Rulebook in banking
As the finalisation of the new legislative framework for capital and liquidity requirements was coming closer, the focus of the EBA work has been increasingly moving to our tasks in the rule-making process. The key task that the reform proposed by the de Larosière report assigns to the EBA is the establishment of a Single Rulebook, ensuring a more robust and uniform regulatory framework in the Single Market and preventing a downward spiral of competitive relaxation of prudential rules. The EBA is asked to draft technical standards that, once endorsed by the Commission, will be adopted as EU Regulations. The standards will therefore be directly applicable to all financial institutions operating in the Single Market, without any need for national implementation or possibility for additional layers of local rules. I see that at the moment, while the negotiations on the capital requirement directive and regulation (CRD4-CRR) are entering the final stages, there is a call for more national flexibility. It is often argued that minimum harmonisation is all that is needed, as

the decision of a national authority to apply stricter requirements would only penalise financial institutions chartered in that jurisdiction. This argument neglects the fact that we have lived in a world of minimum harmonisation until now, and this has delivered an extremely diverse regulatory environment, prone to regulatory competition. It is a fact that the flexibility left by EU Directives has been a key ingredient in the run-up to the crisis. The Directives left significant flexibility to national authorities in the definition of key prudential elements (e.g., definition of capital, prudential filters for unrealised gains and losses), the determination of risk weights (e.g., for real estate exposures), the approaches to ensure that all the risks are captured by the requirements (e.g., effectiveness of risk transfers). All these elements of flexibility have been used by banks to put pressure on their supervisors, triggering a process that led to excessive leverage and fuelled credit and real estate bubbles. The heterogeneity of the regulatory environment also complicated significantly the effective supervision of cross-border groups, which were at the epicentre of the crisis: supervisors had serious difficulties both building up a firm-wide view of risks and acting in a timely and coordinated fashion. Furthermore, regulatory arbitrage drove business decision. This problem has not been fixed yet. In its first year of activity, the EBA identified a number of differences in regulatory treatment that lead to very material discrepancies in key requirements. For instance, the EBA staff conducted a simple exercise on the data collected for the recapitalisation exercise. The capital requirement for the same bank were calculated using the less stringent and the most restrictive approaches in four areas where national rules present important differences – the calculation of the Basel I floors, the application of the prudential filters, the treatment (deduction from capital or inclusion in assets with a 1250% weight) of IRB shortfalls and of securitisations. As a result, the ratio was 300 bps lower when the stricter methodologies were applied, showing that differences can be very material and difficult to spot. In integrated financial markets, these differences can have very

disruptive effects. Once risks generated under the curtain of minimum harmonisation materialise, the impact is surely not contained within the jurisdictions that adopted less conservative approaches. Without using exactly the same definition of regulatory aggregates and the same methodologies for the calculation of key requirements, the problem will not be fixed. At the same time, it is absolutely true that the new regulatory framework has to be shaped in such a way to leave a certain degree of national flexibility in the activation of macroprudential tools, as credit and economic cycles are not synchronised across the EU. Also, there could be structural features of financial sectors, or components thereof, which might require tweaking prudential requirements to prevent systemic risk. But the same source of systemic risk should be treated in a broadly consistent manner in different jurisdictions across the Single Market, to avoid an unlevel playing field and less stringent approaches that might subsequently generate spillovers in other countries. The ideal long-term solution for avoiding conflicts between the flexibility needed for macroprudential supervision and the degree of regulatory harmonisation called for by the Single Rulebook is constructing a suite of macroprudential instruments along the blueprint of the countercyclical buffer. This provides a significant leeway for tightening standards while the European Systemic Risk Board (ESRB) is entrusted with the task of drafting guidance on the activation of the tool and of conducting ex post reviews. At the same time, reciprocity in the application of the tool allows for cross-border consistency and reduces the room for regulatory arbitrage. So, we may well have a single rule, adopted through an EU Regulation, while this rule provides for flexibility in its application, with a framework that the Basel Committee has labelled as “constrained discretion”.

3. Giving life to the Single Rulebook: the new regulatory framework of bank capital and liquidity
In giving life to the Single Rulebook in banking, the EBA is facing a major challenge. The CRD4-CRR proposal envisages around 200 tasks, more than 100

technical standards - 40 of which will have to be finalised by the end of this year. We will have to ensure standards of high legal quality as they will be immediately binding in all 27 Member States when endorsed by the European Commission. We will have to respect due process, with wide and open consultations and adequate impact assessments. As to the substance of the new regulatory framework, I will focus today on the definition of capital and the quality of own funds, which I consider as one of the cornerstones of the Single Rulebook in banking.

3.1. Own funds
The definition of capital has been a major loophole in the run-up to the crisis. As financial innovation brought about increasingly complex hybrid instruments, national authorities have been played against each other by the industry, with the result that the standards for the quality of capital were continuously relaxed. As a consequence, once the crisis hit, a significant amount of capital instruments proved to be of inadequate quality to absorb losses. In several cases, taxpayers’ money was injected while the holders of capital instruments continue to receive regular payments. The Basel Committee has done an outstanding job in significantly strengthening the definition of capital and we must make sure that this is not lost in the implementation of the standards. The EBA already achieved some progress in the use of stringent uniform standards when imposing the use of a common definition of capital for the purpose of the stress test and the recapitalisation exercise. This proves that collective enhancements can be reached when necessary. But what can be done in periods of stress must be perpetuated in normal times. For this purpose, on 4 April, the EBA published a consultation on a first set of regulatory technical standards on own funds. These cover most areas of own funds, fleshing out the features of instruments of different quality (from CET1 to Tier 2 instruments).

The consultation will provide appropriate input from interested parties and regular contacts with banks and market participants are already under way. The standards elaborate on the characteristics of the instruments themselves, as well as on deductions to be operated from own funds. It is indeed crucial to ensure that there is a uniform approach regarding the deduction from own funds of certain items like losses for the current financial year, deferred tax assets that rely on future profitability, defined benefit pension fund assets. It is also necessary to ensure that, where exemptions from and alternatives to deductions are provided, sufficiently prudent requirements are applied. The standards cover also several areas affecting more directly cooperative banks and mutuals, whose particular features have to be taken into adequate account. At the same time, it is necessary to define appropriate limitations to the redemption of the capital instruments by these institutions. The standards will also contribute to increase the permanence of capital instruments more generally by strengthening the features of the latter and by specifying the need for supervisory consent when reducing own funds. Finally, the standards will also increase the loss absorbency features of eligible hybrid instruments, in line with the objective to bring investors closer to shareholders and share losses on a pari passu basis. In order to complete its current work on own funds, the EBA will soon publish a technical standard on disclosure by institutions. The work of the EBA on own funds will not be concluded with the endorsement of the new technical standards. Indeed, although technical standards, like EU Regulations, should not leave room for interpretation, it cannot be excluded that some provisions will not work as they are meant to. This is the reason why a close review of the application of the standards is necessary to detect potential loopholes and propose changes when needed. A framework should be developed, probably in the form of a Q&A platform, in order to address technical issues that may well emerge in the practical application of the standards.

Furthermore, an important task that has been attributed to the EBA is the publication of a list of instruments included in Common Equity Tier 1 (CET1) as well as the monitoring of the quality of capital instruments. I believe the current text of the CRD4-CRR does not go far enough in ensuring a strong control on the instruments that will be included in the capital of higher quality. I understand the decision of the EU institutions to follow an approach that privileges substance over form: the definition of Common Equity Tier 1 will not be restricted to ordinary shares, as there is no harmonised EU-wide definition that could be relied upon. Instead, the legislation will require that only instruments that are in line with all the principles defined by the Basel Committee will qualify. In order for this to ensure a strict control on the quality of these instruments, strong mechanisms should be put in place to make sure that there is no room for watering down the requirements. The “substance” needs to be checked and has to be the same across the Single Market. From my perspective, the list that the EBA will keep should be legally binding. There should be an in-depth scrutiny of the instruments conducted at the EU level by the EBA, in cooperation with national supervisors, to confirm the inclusion in the list. If an instrument is included in the list, it should be accepted throughout the Single Market. If it is not included in the list, no authority should have the possibility to consider it eligible as CET1. The present text limits the role of the EBA to the publication of an aggregated list only based on the assessment done at national level. This would not bring any added value compared to a situation where Member States would be required to publish by themselves a list of instruments recognised in their jurisdictions. On the contrary, this could be misleading, as it could convey the impression that the instruments have received an EU-wide recognition. In any case, even if the legislative framework does not provide the EBA with the necessary legal tools, we are committed to fully exploiting the

draft Regulation’s provisions that require the EBA to monitor the quality of own funds across the Single Market and to notify the Commission in case of evidence of material deterioration in the quality of those instruments. If we consider that some instruments that are not of sufficient quality have been accepted, we also have the possibility to open formal procedures for breach of European law. Having strong enforcement tools is essential: supervisors have lost control of the definition of capital once and we should not allow this to happen again. We are acutely aware that the new rules will trigger a new wave of financial innovation, aimed at limiting the restrictive impact of the reform. Indeed, this is already under way. We already hear that new ways are being devised to smooth the impact of permanent write-downs or to circumvent the prohibition of dividend stoppers for hybrid instruments. Our monitoring of capital issuances is ongoing. The EBA recently decided to develop a set of benchmarks for hybrid instruments to give more clarity on what are the terms and conditions – in terms of permanence, flexibility of payments, loss absorbency – that make an instrument compliant with applicable rules. The work in this area will begin when the final legislation is in place and a sufficient number of new issuances are available, in order to have a meaningful sample of instruments to assess. In the future, hopefully, this work could move a step further, towards providing common templates, which could lead to the harmonisation of the main contractual provisions of hybrid capital instruments, in line with the objectives of a Single Rulebook. A concrete illustration of these common templates has already been given by the EBA when publishing a common term sheet for the convertible instruments accepted for the purpose of the recapitalisation exercise.

3.2. Liquidity
The new liquidity standards represent a second important area of work for the EBA. The first deliverable is due at the end of 2012, when we will have to provide for uniform reporting formats.

The framework is currently under development and is expected to be released for public consultation over the summer. However, we can already foresee that the reporting is likely to be fairly similar to that used by the Basel Committee for the quantitative impact study, which many European banks are already familiar with. But the most important and delicate area of work is the definition of liquid assets and, more generally, the calibration of the new requirements. We are aware that the banking industry has raised serious concerns on the two liquidity standards defined by the Basel Committee, the liquidity coverage ratio (LCR) and the net stable funding ratio (NSFR). The Basel Committee itself is reviewing the calibration of the ratios, recognising that some underlying assumptions are excessively conservative, even if confronted with the toughest moments of the financial crisis. The key principles underlying the LCR and the NSFR are sound and cannot be given up by regulators: banks need to have sufficient buffers of liquid assets to withstand a shock for some time without the need for public support; maturity transformation needs to be constrained to some extent, so as to prevent banks from adopting fragile business models relying excessively on volatile, short term wholesale funding to support longer term lending. But it is essential to get the calibration right, as funding is and will increasingly be the main driver of the deleveraging process at EU banks. Time is needed to do a proper job: we have to ensure that data of adequate quality is available – hence the need for a uniform reporting provided at the end of 2012 – and to allow for in-depth analyses. The first impact assessments on LCR and the NSFR are due in 2013 and 2015 respectively. The EU has taken the decision to use the monitoring period until 2015 for the LCR and 2018 for the NSFR, before proposing legislation for a final calibration of the liquidity ratios. This monitoring phase exactly mirrors the Basel Committee’s timeline. It is in my view the right choice to allow for this extensive observation period. I would strongly argue that we should avoid making any policy choice before proper evidence on the potential impact of the two ratios.

Conclusions
Ladies and gentlemen, Today I tried to convey to you a bird’s eye picture on the difficult challenges the EBA is facing. In the first year of activity we have already done a huge effort to strengthen the capital position of EU banks and to restore confidence in their resilience. The work is not over in this area. The liquidity support provided by the ECB avoided an abrupt deleveraging process, but banks are still in the process of repairing and downsizing their balance sheets and of refocusing their core business. We, as supervisors, need to accompany this process and do our utmost to ensure that it occurs in an ordered fashion, without adverse consequences on the financing of the real economy. One way to support the process is the introduction of the reforms on capital and liquidity standards endorsed by the G20. I strongly believe that we need to exploit this opportunity to move to a truly harmonised regulatory framework, a Single Rulebook that ensures that high quality standards are enforced throughout the Single Market. We have to be particularly rigorous on the definition of capital, as this is the basis for most prudential requirements. We cannot afford anymore financial innovation that allows instruments to be accepted as capital, while not respecting the key principles of permanence, flexibility of payments and loss absorbency. The control on eligible capital instruments needs to be very strict and should be performed at the EU level. Ideally, the co-legislators should give the EBA the legal basis to perform this difficult task. But in any case we will conduct a close monitoring of capital issuances, as we consider our duty to ensure that only the instruments of the best quality are accepted as regulatory capital. As to liquidity standards, I believe that while the principles embodied in the Basel text are absolutely shared, we need to do more work on the calibration of the requirements. We understand the concerns expressed by the industry, but it is important that we collect solid empirical evidence before taking any decision in this delicate area, which will provide a major driver for the needed changes in banks’ business models.

FSA confirms traded life policy investments should not generally be promoted to UK investors
25 Apr 2012 The Financial Services Authority (FSA) has confirmed guidance that traded life policy investments (TLPIs) are high risk products that should not be promoted to the vast majority of retail investors in the UK. The guidance is an interim measure – the FSA will shortly be consulting on new rules imposing significant restrictions on the promotion of non-mainstream investments, including TLPIs, to retail investors. TLPIs invest in life insurance policies, typically of US citizens. Investors hope to benefit by buying the right to the insurance payouts upon the death of the original policyholder. Basically, a TLPI investor is betting on when a particular set of US citizens will die and, if these people live longer than anticipated, the investment may not function as expected. The FSA has found evidence of significant problems with the way in which TLPIs are designed, marketed and sold to UK retail investors. Many of these products have failed, causing loss for UK retail investors. Many TLPIs take the form of unregulated collective investment schemes, which cannot lawfully be promoted to retail investors in most cases, but have often been marketed inappropriately to retail customers. Peter Smith, the FSA’s head of investment policy said: “The TLPI retail market is worth £1 billion in the UK and we were very concerned that it was likely to grow even more. At the time that we published our guidance over half of existing retail investments were in financial difficulty – even so, we were hearing about the development of new products intended to be sold to UK retail customers. “The threat to new customers was significant and growing: the potential for substantial future detriment was clear. There was a concern that we were witnessing a repeating cycle of unsuitable sales followed by significant customer detriment in the TLPI market.

Following publication of the guidance for consultation, this threat has receded. “This is an interim measure – we believe that TLPIs and all unregulated collective investment schemes should not generally be marketed to retail investors in the UK and will be publishing proposals soon to prevent them being promoted except in rare circumstances.”

Traded Life Policy Investments (TLPIs), Key risks associated with TLPIs Longevity risk
An accurate estimation of life expectancy is the most important factor in assessing the price of each underlying life insurance policy in a TLPI. Based on this, the primary risk is that the underlying policies’ lives assured live longer than expected (for example, because of medical advances and the incompatibility of life assurance actuarial models as the basis for investment purposes) so the TLPI needs to continue to fund premiums on the policies for longer than expected. This could negatively affect the return on investment and liquidity on an ongoing basis.

Liquidity risk
The underlying investments are illiquid due to their specialised nature and there is only a limited secondary market for them. This may mean they are sold at a significantly reduced value if the TLPI needs to raise funds at short notice, which has an impact on the value of the portfolio. Investors may therefore suffer financial loss at the point of redemption.

Parties involved in the TLPI may become insolvent
This risk factor, though not unique to TLPIs, is often overlooked. For example, if an insurance company becomes insolvent and is unable to meet claims upon the deaths of the original policyholders the TLPI could find itself in difficulties given the often large value of the policies it holds.

Governance issues
TLPI product governance has often proven problematic and led to product difficulties. Some common issues are as follows:

Conflicts of interest
Conflicts exist among different participants in the product value chain that lead to high fees being charged and may lead to detriment for investors.

TLPI models/structure
In some models, yields are promised to previous investors, which can only be sustained by using new investors’ money, so the model in effect ‘borrows’ from itself.

The underlying assets are located offshore
This means there is an exchange rate risk, both in terms of the costs of meeting ongoing premiums and the final payout for the underlying insurance contracts. Currency hedging instruments may be used by TLPI providers, but these may pose additional risks and involve extra costs.

Many TLPIs sold in the UK are operated by firms based offshore
This means investors may have limited or no recourse to the Financial Services Compensation Scheme (FSCS) if things go wrong and the product fails. They may also not be covered by the Financial Ombudsman Service (FOS) if they have a complaint about the operation of the TLPI. Customers would be able to complain to the FOS if, for example, the advice they have received from UK distributors was unsuitable or if a promotion from a UK provider or distributor was unfair, unclear or misleading.

Awareness of authorisation/compensation arrangements

Many TLPIs are operated by firms based abroad and outside of the FSA’s jurisdiction. There is evidence that providers and advisers have not fully understood or conveyed to investors the risks involved in how or whether the client’s product will be authorised and what compensation arrangements apply. These factors could result in a significant risk of loss of capital (and any income provided) for customers.

FSA Japan - Press Conference by Shozaburo Jimi, Minister for Financial Services (Excerpt) [Opening Remarks by Minister Jimi]
This morning, the Minister of Economic and Fiscal Policy, the Minister of Economy, Trade and Industry and the Minister for Financial Services held a meeting, and I will make a statement regarding the policy package for management support for small and medium-size enterprises (SMEs) based on the final extension of the SME Financing Facilitation Act. Recently, the Diet passed and enacted an amendment bill to extend the period of the SME Financing Facilitation Act for one year for the last time and an amendment bill to extend the deadline for the determination of support by the Enterprise Turnaround Initiative Corporation of Japan, over which Minister of Economic and Fiscal Policy Furukawa has jurisdiction, for one year, and the new laws were promulgated and put into force. I believe that this year will be very important for creating an environment for vigorously implementing support that truly improves the management of SMEs, namely an exit strategy. From this perspective, the ministers who represent the Cabinet Office, the Financial Services Agency (FSA) and the Small and Medium Enterprise Agency held a meeting and adopted the policy for management support for SMEs. The FSA will seek to facilitate financing for SMEs through measures related to the final extension of the period of the SME Financing Facilitation Act, including this policy package, and will also create an environment favorable for management support for SMEs while maintaining cooperation with relevant ministries and agencies.

For details, the FSA staff will later hold a press briefing, so please ask your questions then.

[Questions & Answers] Q. The G-20 meeting started on April 19.
I hear that the expansion of the International Monetary Fund's lending facility, which has been the focus of attention, may be put off, and the market could fall into turmoil again, with the yield on Spanish government bonds rising in Europe. Could you tell me how you view the recent financial market developments?

A. As for the current situation surrounding the European debt problem

that you mentioned now, individual countries' financial and capital markets have generally been recovering for the past several months as a result of efforts made by euro-zone countries and the European Central Bank, as you know. On the other hand, concern over the European fiscal problem has not been dispelled, as indicated by unstable market movements caused by concern over Spain's fiscal condition. The euro zone has set forth the path to fiscal consolidation and President Draghi of the European Central Bank (ECB) has taken bold measures, as you know well. Such measures as the ECB's long-term refinancing operation and the strengthening of the firewall have been taken. To ensure that the market will be stabilized and the European debt problem will come to an end, it is important not only that the series of measures adopted by the euro zone is carried out but also that the IMF's financial base is strengthened. From this perspective, Minister of Finance Azumi recently expressed an intention to announce Japanese financial support worth 60 billion dollars for the IMF at the G-20 meeting. I hope that this Japanese action, combined with Europe's own efforts, will help to resolve the European debt problem. As you know, it is unusual for Japan to exercise initiative and announce support for the IMF.

Although Japan has various domestic problems, it is the world's third-largest country in terms of GDP. In addition, as I have sometimes mentioned, Japan is the only Asian country that has maintained a liberal economy and a free market since the latter half of the 19th century. Even though Japan lost 65% of its wealth because of World War II, it went on to recover from the loss. In that sense, it is very important for Japan to exercise initiative, on which the United States eventually showed an understanding from what I have heard informally.

Q. It has been decided that Kazuhiko Shimokobe of the Nuclear

Damage Liability Facility Fund will be appointed as Tokyo Electric Power Company's new chairman. Tokyo Electric Power's management problem has had some effects on the corporate bond market and also has affecteds SMEs through a hike in electricity rates. What do you think of this appointment?

A. I am aware that Mr. Shimokobe, who is chairman of the Nuclear

Damage Liability Facility Fund's management committee, has accepted the request to serve as Tokyo Electric Power's chairman, but the FSA would like to refrain from commenting on personnel affairs. Formerly, I, together with Mr. Yosano, joined the cabinet task force, which was responsible for determining the scheme for rehabilitating Tokyo Electric Power, in response to the economic damage caused by the nuclear station accident, as additional members, and our efforts led to the enactment of the Act on the Nuclear Damage Liability Facility Fund. I understand that Tokyo Electric Power and the Nuclear Damage Liability Facility Fund are drawing up a comprehensive special business plan. What kind of support Tokyo Electric Power will ask stakeholders to provide and how stakeholders including financial institutions will respond are matters to be discussed at the private-sector level, as I have been saying, so the FSA would like to refrain from making comments for the moment. In any case, regarding Tokyo Electric Power's damage compensation, making damage compensation payments quickly and appropriately and ensuring stable electricity supply are important duties that electric power companies must fulfill.

Therefore, with the fulfillment of those duties as the underlying premise, it is important to prevent unnecessary, unpredictable adverse effects you mentioned the effects on the corporate bond market earlier - so I will continue to carefully monitor market developments.

Q. On April 19, the Democratic Party of Japan's working team on the

examination of the future status of pension asset management and the AIJ problem adopted an interim report. Could you tell me about the status of the FSA's deliberation on measures to prevent the recurrence of the problem, including when the measures will be worked out?

A. I read about that in a newspaper article.
Regarding problems identified in this case, it is necessary to ensure the effectiveness of countermeasures while taking account of practical financial practices. That report is an interim one, so it stated that various measures will be worked out in the future. I have my own thoughts as the person in charge of the FSA. However, I think that the FSA needs to conduct a study on measures such as strengthening punishment against false reporting and fraudulent solicitation - as you know, false reports were made in this case - establishing a mechanism that ensures effective checks by third-parties like companies entrusted with funds, auditing firms and trust banks - the checking function did not work at all in this case - and including in investment reports additional information useful for pension fund associations to judge the reliability of companies managing customers' assets under discretionary investment contracts and the investment performance. In any case, regarding measures to prevent the recurrence of this case, we will quickly conduct deliberation while taking into consideration the results of the Securities and Exchange Surveillance Commission's additional investigation and the survey on all companies managing customers' assets under discretionary investment contracts - the second-round survey is underway - as well as the various opinions expressed in the Diet, including the arguments made in the interim report, which was written under Ms. Renho's leadership. We will implement measures one by one after each has been finalized.

Q. Regarding the policy package announced today, several people said
in the Diet that more efforts should be devoted to measures to support

SMEs in relation to the extension of the period of support by the Enterprise Turnaround Initiative Corporation of Japan. In relation to the policy package, do you see any problems with the collaboration that has so far been made with regard to management support for SMEs?

A. Twenty-two years ago, in 1990, I became parliamentary secretary for
international trade and industry, and served in the No. 2 post of the former Ministry of International Trade and Industry for one year and three months under then Minister of International Trade and Industry Eiichi Nakao. At that time, I was in charge of financing for SMEs, such as financing provided by Shoko Chukin Bank, the Japan Finance Corporation for Small and Medium Enterprise, the National Life Finance Corporation and the Small Business Corporation, for one year and three months. Many departments and divisions are involved in the affairs of SMEs. While diversity and nimbleness are important for SMEs, I know from my experiences that they lack human resources and that unlike large companies, it is difficult for them to change business policies quickly in response to tax system changes. The FSA will continue to cooperate with relevant ministries and agencies and relevant organizations, such as the Enterprise Turnaround Initiative Corporation of Japan, liaison councils on support for the rehabilitation of SMEs, financial institutions and related organizations, including the Japanese Bankers Association, and commerce and industry groups - there are four traditional associations of SMEs - as well as prefectural credit guarantee associations, which play an important role for the government's policy for SMEs. In addition, the FSA will cooperate with government-affiliated financial institutions and take concrete actions, and I hope that recovery and revitalization of local economies based on the rehabilitation of regional SMEs will lead to the development of the Japanese economy. However, between the three ministers who held a meeting today, the policy toward SMEs tends to lack coordination. In Tokyo, Minister of Economy, Trade and Industry Edano and Minister of Economic and Fiscal Policy Furukawa and I worked together to adopt the policy package. In Japan's 47 prefectures, there are liaison councils on support for rehabilitation of SMEs and there are commerce and industry departments in prefectural and municipal governments, and these organizations will also be involved, so the policy for SMEs is wide-ranging and involves various organizations.

Therefore, while we provide management support, these various organizations tend to act without coordination. Today, the three of us held a meeting to exercise central government control, and we will keep close watch on minute details so as to ensure coordination. As I have often mentioned, there are 4.3 million SMEs, which account for 99.7% of all Japanese corporations in Japan, and 28 million people, which translates into one in four Japanese people, are employed by SMEs, so SMEs have large influence on employment. We will maintain close cooperation with relevant organizations.

Q. In relation to the previous question, I understand that the Enterprise
Turnaround Initiative Corporation of Japan has mostly handled cases involving SMEs.

At a board meeting yesterday, it was decided that a former official of a regional bank will be appointed to head the corporation. How do you feel about that?

A. I read a newspaper article about the decision to appoint a former
president of Toho Bank. Toho Bank is the largest regional bank in Fukushima Prefecture, and personally, I am pleased that a very suitable person will be appointed as a new president. Fukushima Prefecture has been stressing that the revival of Japan would be impossible without the revival of Fukushima in relation to the nuclear station accident. In that sense, the selection of the former president of Toho Bank, a fairly large regional bank, who also served as chairman of the Regional Banks Association of Japan, is appropriate. This morning, Minister of Economic and Fiscal Policy Furukawa reported on the selection. I think that a very suitable person has been selected.

There are many risk management experts that discuss this interesting speech Shareholder value and stability in banking: Is there a conflict?

Speech by Jaime Caruana, General Manager, Bank for International Settlements Understandably, the global regulatory response to the global financial crisis has stirred controversy. That response, with Basel III at its core, seeks to strengthen the resilience of the banking system. In doing so, it asks shareholders to give up high leverage as a source of high returns on equity. And it asks bondholders, especially those of systemically important institutions, to take more of a hit in the event of failure. In this light, it is easy enough to imagine that investors would have little reason to hail the new framework. This view, however, tells only part of the story. It assumes that, on balance, bank investors were well served by the pre-crisis system. It also posits a conflict between value for shareholders on the one hand and the public interest in safer banking on the other. In my remarks today I would like to suggest that this supposed conflict of interests is overstated.

Yes, tensions may arise over a short investment horizon.
But over long horizons, they tend to disappear – because, in the long term, the focus necessarily shifts to sustainable profits and returns. This is not just theorising: we’ll take a look at the statistical evidence in a moment. And unless one believes that markets can be consistently timed – a rare gift at best – it is long horizons that should matter for investors. Let me first outline what we in Basel mean by safer banking and take stock of where we stand in the development and implementation of new standards. This is an issue in which, I am sure, you will have a keen interest. I shall then argue that the concerns of investors and bank supervisors are remarkably well aligned in the long term.

Basel’s vision of safe banking
In the past few years, the Basel Committee on Banking Supervision has conducted a sweeping review of regulatory standards and it has put in place a strengthened framework that incorporates new macroprudential elements. This framework is in several ways a great improvement over the pre-crisis regulatory approach. First of all, it sets a much more conservative minimum ratio for capital that is of far better quality. When the whole Basel III package is implemented, banks’ common equity will need to be at least 7% of risk-weighted assets. This compares to a Basel II level of 2% – and that is before taking account of the changes to definitions and risk weights that make the effective increase in capital all the greater. Among the improvements in capturing risk on the assets side, I would especially point to the improved treatment of risks arising from securitisation and contingent credit lines. Moreover, these risk-based capital requirement measures will be supplemented by a non-risk-based leverage ratio, which will serve as a backstop and limit model risk. This new framework responds to the main lessons from the crisis: banks had leveraged excessively, had understated the riskiness of certain assets (particularly those considered practically risk-free), and had made innovations that reduced the loss-absorbing capacity of headline capital ratios. Second, Basel III takes the notion of a “buffer” much more seriously. The 7% figure includes a 2.5% capital conservation buffer, which banks can draw upon in difficult times. Dividends and remuneration will be restricted at times when banks are attempting to conserve capital. Supervisors will have the discretion to apply an additional, countercyclical buffer when risks show signs of building up in good times, most notably in the form of unusually strong credit growth. The goal is to build up buffers in good times that banks can draw down in bad times. Third, the package contains elements to address systemic risk head-on, both by mitigating procyclicality and by cushioning the impact of failures on the entire system. I have already mentioned the countercyclical buffer, which aims to address the procyclical build-up of risk, and the leverage ratio, which will help contain the build-up of excessive leverage in good times.

The framework now also recognises explicitly that stresses at the largest, most complex financial institutions can threaten the rest of the system. The Financial Stability Board (FSB) and the Basel Committee envisage that these systemically important financial institutions, or SIFIs, will have greater loss absorbency, more intense supervision, stronger resolution and more robust infrastructure. These aims complement each other, and share a common rationale. Greater loss absorbency – including capital surcharges that range from 1 to 2.5% for those institutions designated as SIFIs – and better supervision should reduce the probability that problems at these big market players disrupt activity throughout the wider financial system. Stronger resolution and better infrastructure should reduce the systemic impact of a SIFI’s closure or restructuring and thereby strengthen market discipline. In addition, methods to identify globally systemically important insurers are being developed and should be ready for public consultation by the G20 Leaders’ Summit in June 2012. And, work is under way to address the issue of banks that are systemic on a national rather than a global level, as well as to identify other globally systemic non-bank financial institutions. Fourth, liquidity standards have been introduced. These comprise a liquidity coverage ratio, or LCR, and a net stable funding ratio, or NSFR. The standards will ensure that banks have a stable funding structure and a stock of high-quality liquid assets to meet liquidity needs in times of stress. Importantly, the group of governors and heads of supervision that oversees the Basel Committee has confirmed that this liquidity buffer is there to be used. Specifically, banks will be required to meet the 100% LCR threshold in normal times. But, during a period of stress, supervisors would allow banks to draw down their pools of liquid assets and temporarily to fall below the minimum, subject to specific guidance. The Committee will clarify its rules to state this explicitly, and will define the circumstances that would justify use of the pool. Since this is the first time that detailed global liquidity rules have been formulated, we do not have the same experience and high-quality data as we do for capital. A number of areas will require careful potential impact assessment as we implement these rules.

The Basel Committee has therefore taken a gradual approach in adopting the standards between 2015 and 2018, and will meanwhile assess the impact during an observation period. At the same time, in order to reduce uncertainty and to allow banks to plan, key aspects of liquidity regulation, such as the pool of high-quality liquid assets, are being reviewed on an accelerated basis. But any changes will not materially affect the framework’s underlying approach, which is to induce banks to lengthen the term of their funding and to improve their risk profiles, instead of simply holding more liquid assets. Finally, it is time for these new rules and frameworks to be implemented. The Basel Committee is already engaged in the full, consistent and timely implementation of the framework by national jurisdictions. To this end, the Committee has started to conduct both peer and thematic reviews through its Standards Implementation Group. Last October, the Committee published the first regular progress reports on members’ implementation of what they have agreed. Each member will also undergo a more detailed peer review, starting with the EU, Japan and the United States. And the Committee is currently reviewing the measurement of risk-weighted assets in banking and trading books, with an eye to consistency across jurisdictions. The goal of these measures is clear: to have a stronger and safer financial system. This should benefit everyone – the banking industry, users of financial services and taxpayers. But some may question whether shareholders will benefit as well. Has the leveraged business model of the past really served them well? The record, to which I turn next, suggests that it has not.

Shareholder returns and the leveraged business model
Over the long term, banks have turned in a sub-par performance, whether assessed on accounting measures or by return on equity. Historically, the average return on equity in banking has matched that of other sectors (see Table). But unlike in other sectors, these returns have involved the generous use of leverage, either on the balance sheet or, frequently, off it. We know that banking involves leverage and maturity transformation, but the question is how much is appropriate?

There may be no clear answer, but let’s look at the data. Bank equity was on average leveraged more than 18 times in 1995–2010. Equity in non-financial firms was leveraged only three times (see Table). This implies that, compared with other firms, banks have succeeded in delivering only average return on equity over the long term but at the cost of higher volatility and losses in bad times (Graph 1). Turn now to stock returns and the message does not change much. Anyone who at the start of 1990 had invested in a portfolio that was long global banking equities and equally short the broad market indices would today be sitting on a loss (Graph 2, right-hand panel). And, over the long term, risk-adjusted returns have been sub-par. The main exception is Canada, where banks have barely suffered in the recent crisis (Graph 2, left-hand panel). It is high leverage that has contributed to the volatility of bank profits. And it is high leverage that makes banks perform so badly on a rainy day. During periods that comprise the worst 20% of stock market performance, banks do worse than most other sectors (Graph 3, left-hand panel). Clearly, the flip side is that they do very nicely on sunny days (Graph 3, right-hand panel). For investors, this is not a compelling value proposition. To be sure, some may be agile enough to profit from the downside in bank stocks. But most investors inevitably entered the global financial crisis fully invested or overweight in bank stocks. And, historically, market timing has proved an elusive strategy. Not only is the performance of banks over time inconsistent with the notion that shareholders can benefit from high leverage and state support; the evidence across banks actually suggests that the banks that were more strongly capitalised at the outset weathered the crisis better. The left-hand panel of Graph 4 suggests that no particular relationship existed between Tier 1 capital and the pre-crisis return on equity. Indeed, banks with stronger Tier 1 equity could and did match the returns of less well capitalised peers. When the crisis hit, however, the less well capitalised banks scrambled to raise funds in difficult market conditions, while their stronger competitors could avoid fire sales and distressed fund-raising (centre panel). And it was the banks that had reported high-flying returns before the crisis that were the most likely to resort to fire sales and distressed fund-raising (right-hand panel).

The conclusion is that stronger capital makes a difference. A further consideration is that it is easier and probably cheaper to raise capital in good times. Together, these observations suggest that leverage is not the only way to generate returns – and that, when returns don’t depend on leverage, they are more sustainable.

What investors can expect from banks
All this indicates that investors could reach a better understanding with bank managements. The key is sustained profitability through both good and bad times. Recent work at the BIS suggests that, when economic activity moves from peak to trough, the betas on bank stocks, relating percentage changes in their value to that of broad market indices, increase by well over 150 basis points. In effect, banks are generating good returns in good times by writing out-of-the-money puts that come back to haunt them when the market falls. How did we get here? The story of a major UK bank is symptomatic. Twenty years ago, the head of the bank promised investors that the institution would beat its cost of equity, which he took to be 19%. For a while, the bank was able to achieve this return by closing branches. But ultimately such promises led bank managers to invest their liquidity reserve in asset-backed securities, boosting earnings in effect by writing puts on both credit and liquidity. When it came to the crunch, the bank could not keep its return on equity above 20% during the global financial crisis and had to seek help from the state. Given the trend decline in inflation and government bond yields, 20% in the early 1990s translates to something more like 15% today. Still, bank managements that continue to promise such returns may find themselves again writing puts, effectively making themselves hostage to bad times in order to pump up returns in good times. Accounting norms that treat risk premia in good times as distributable profits do not help. In any case, managements who promise sustained 15% returns in a low-inflation, deleveraging economy may be leading investors astray. Over time, sustained profitability at more reasonable levels should bring bank share prices back to a premium over book values.

Past behaviour supports this conclusion. In particular, my colleagues estimate that if leverage decreases from 40 to 20, the required return – the return investors demand – drops by 80 basis points. The intuition is that, when banks increase their equity base (or reduce leverage), they work each unit of equity less – that is, the risk borne by each unit of equity falls—and so does the return investors require. This prospect would characterise a new long-run understanding between shareholders and bank managements that produce sustained profits. But how should banks get there? Here I do not refer to the immediate problem banks face in bringing their assets into line with their capital, leading to considerable deleveraging. Instead, I refer to the longer-term problem. How should banks generate returns in order to be sustainable? I would argue that such returns can arise from a reconsideration of banks’ business models. In line with the lessons drawn from the crisis by banks, investors and prudential authorities, these models would recognise that our knowledge of systemic risk is incomplete. As a result, bank managers would seek sustainable profit less in risk-taking and maturity transformation and more in operational and cost efficiency. Cost efficiency can powerfully contribute to bank earnings. As a rule of thumb, on average across countries, a 4% reduction in operating expenses translates into roughly a 2 percentage point increase in return on equity. Moreover, experience strongly suggests that determined attempts to clean up balance sheets and cut costs can go hand in hand with a sustained recovery in profits on the back of a stronger capital base. This is precisely the experience of Nordic countries, which suffered serious banking crises in the early 1990s (Graph 5). With costs under control, banks can achieve higher profitability with stronger capital.

Conclusions
Let me pull together the threads of the argument. The banks that fared better in the crisis were those that were more prudently capitalised. Investors as well as regulators want to ensure that this wisdom is written into the rules of the game. The financial reforms that have been agreed will increase the quality and amount of bank capital in the system; they will also promote increases of capital buffers in good times that can be drawn down in bad times.

Big, interconnected and hard-to-replace banks will carry extra capital. The authorities are working to ensure that no bank is too complex to be wound down. They are refining new liquidity standards. And they are taking unprecedented steps to make sure that the new regulations are implemented effectively across countries. The outcome should be a stronger financial system. But regulation is only part of the answer and stronger market discipline will also be necessary to ensure resilience. I have presented the case that, over the long term, there is no conflict between shareholder value and the public interest in safer banking. This proposition is supported by the record of return on equity and bank share price performance – a record that refutes the argument that banks have used leverage to produce sustained shareholder value – and the key word here is “sustained”. Bank returns may have been comparatively high in good times. But those returns have melted away in bad times. And they have come at the cost of greater risk. In the long run, bank business models have produced middling returns with substantial downside risk. This means that in good times banks have overpromised and overestimated their underlying profitability. They have written put options on their liquidity and credit and reported the premia as current income. In effect, they have made distributions out of what should have been treated as expected losses. How can investors help banks move in the right direction? They could encourage sustainable business models based less on risk-taking and more on a careful analysis of competitive advantage and operational efficiencies. And they should be wary of entertaining unrealistic expectations about sustainable rates of return. Only when solid business models and realistic commitments to sustainable returns are rewarded can shareholder value be reconciled with safe banking. Indeed, there is no other way. ***** As a postscript, and for the sake of completeness, let me outline three other regulatory initiatives. First, the FSB, with the involvement of the IMF, the World Bank and standard-setting bodies, will draft an assessment methodology that provides greater technical detail on the Key Attributes of Effective Resolution Regimes for Financial Institutions.

The FSB will use the draft methodology to begin, in the second half of 2012, a peer review evaluating member jurisdictions’ legal and institutional frameworks for resolution regimes (and of any planned changes). And supervisors plan to put in place resolution plans and institution-specific cooperation agreements for all 29 G-SIFIs by end-2012. Second, work continues towards strengthening OTC derivatives markets. This includes meeting the commitments by G20 Leaders to move trading in standardised contracts to exchanges and central counterparties by end-2012. Market supervisors and settlement system experts are close to finalising standards for strengthening CCPs and other financial market infrastructures. Meanwhile, banking supervisors are reviewing the incentives for banks to trade and clear derivatives centrally. Another important initiative here is the establishment of a global, uniform legal entity identifier, for which the FSB, with the support of an industry advisory panel, is developing recommendations to be presented to the next G20 Summit in Mexico in June. Third, potential risks related to the shadow banking system are being addressed. Banking supervisors are examining banks’ interactions with shadow banking, including issues related to consolidation, large exposure limits, risk weights and implicit support, and will propose any needed changes by July 2012. Market supervisors are looking at the regulation of money market funds and at issues relating to securitisation on the same schedule. Multidisciplinary FSB task forces are examining other shadow banking entities and, separately, securities lending and repo markets, with a view to making policy recommendations later this year

Jens Weidmann: Global economic outlook – what is the best policy mix?

Speech by Dr Jens Weidmann, President of the Deutsche Bundesbank, at the Economic Club of New York, New York, 23 April 2012.

1. Introduction
Ladies and Gentlemen George Bernard Shaw is said to have made an interesting remark about apples – “If you have an apple and I have an apple and we exchange these apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas.” I think those words perfectly encapsulate the intention of the Economic Club of New York and of today’s event. Ideas multiply when you share them and they become better when you discuss them. I am therefore pleased and honoured to be able to share some ideas with such a distinguished audience today. And I look forward to discussing them with you. In a long list of speakers, I am the third Bundesbank President to speak at the Economic Club. The first was Karl Otto Pöhl in 1991, followed by Hans Tietmeyer in 1996. Although only a few years have passed since then, the global economic landscape has completely transformed in the meantime – just think of the spread of globalisation, think of the introduction of the euro, think of the Asian crisis or the dotcom bubble. All these events and others have constantly shaped and reshaped our world. Most recently, we have experienced a crisis that, once again, will change the world as we know it – economically, politically and intellectually. It is this new unfolding landscape that provides the backdrop to my speech. I shall address two questions: “Where do we stand?” and “Where do we go from here?” Of course, it is the second question that is the tricky one.

In answering it, we should be aware that every small step we take now will determine where we stand in the future. Specifically, I shall argue that measures to ward off immediate risks to the recovery are closely interconnected with efforts to overcome the causes of the crisis. They are interconnected much more closely and vitally than proponents of more forceful stabilization efforts usually assume. But, first, let us see where we stand at the present juncture.

2. Where do we stand?
When we look back from where we are standing right now, we see a crisis that has left deep scars. The International Labour Organisation estimates that up to 56 million people lost their jobs in the wake of the crisis. This number equals the combined populations of California and the state of New York. Or look at government debt: Between 2007 and 2011, gross government debt as a share of GDP increased by more than 20 percentage points in the euro area and by about 35 percentage points in the United States. I think we all agree that the crisis was unprecedented in scale and scope. And the first thing to do was to prevent the recession turning into a depression. Thanks to the efforts of policymakers and central banks across the globe, this has been achieved. Following a slight setback in 2011, the world economy now seems to be recovering. In its latest World Economic Outlook, the IMF confirms that global prospects are gradually strengthening and that the threat of sharp slowdown has receded. Looking ahead, the IMF projects global growth to reach 3.5% in 2012 and 4.1% in 2013. For the same years, inflation in advanced economies is expected to reach 1.9% and 1.7%.

Basically, I share the IMF’s view. However, we all are aware that these estimates have to be taken with a grain of salt – probably a large one. Being a central banker, I am not quite as calm about inflation. Taking into account rising energy prices and robust core inflation, prices could rise faster than the IMF expects. We have to be careful that inflation expectations remain well anchored and consistent with price stability. Expectations getting out of line might very well turn out to be a non-linear process. If this were to happen, it would be difficult and expensive to rein in expectations again. Even though the outlook for growth has improved over the past months, some risks remain – the European sovereign debt crisis being one of them. And this seems to be the one risk that is weighing most heavily on peoples’ minds – not just in Europe but here in the United States, too. The euro-area member states have responded by committing to undertake ambitious reforms and by substantially enlarging their firewalls. This notwithstanding, the sovereign debt crisis has not yet been resolved. The renewed tensions over the past two weeks are a case in point. Thus, we have to keep moving, but each step we take has to be considered very carefully. As I have already said: each small step we take now will determine where we stand in the future.

3. Where do we go from here?
Eventually, three things will have to happen in the euro area. First, structural reforms have to be implemented so that countries such as Greece, Portugal and Spain become more competitive. Second, public debt has to be reduced – a challenge that is not confined to the euro area.

Third, the institutional framework of monetary union has to be strengthened or overhauled, and we need more clarity about which direction monetary union is going to take. I think we all agree on this – including the IMF in its latest World Economic Outlook. However, there is much less agreement on the correct timing. Since the crisis began, the imperatives I have just mentioned have tended to be obscured by short-term considerations. And surprisingly, this tendency seems to be becoming stronger now that the world economy is getting back on track. This view is reflected by something Lawrence Summers wrote in the Financial Times about four weeks ago. Referring to the US, he said that “… the most serious risk to recovery over the next few years […] is that policy will shift too quickly away from its emphasis on maintaining adequate demand, towards a concern with traditional fiscal and monetary prudence.” It is in this spirit that some observers are pushing for policies that eventually boil down to “more of the same”: firewalls and ex ante risk sharing in the euro area should be extended, consolidation of public debt should be postponed or, at least, stretched over time, and monetary policy should play an even bigger role in crisis management. I explicitly do not wish to deny the necessity of containing the crisis. But all that can be gained is the time to address the root problems. The proposed measures would buy us time, but they would not buy us a lasting solution. And five years after the bursting of the subprime bubble and three years after the turmoil in the wake of the Lehman insolvency, we have to ask ourselves: Where will it take us if we apply these measures over and over again – measures which are obviously geared towards alleviating the symptoms of the crisis but which fail to address its underlying causes? In my view, this would take us nowhere. There are two reasons for this. First, the longer such a strategy is applied, the harder it becomes to change track.

More and more people will realise this and they will start to lose confidence. They will lose confidence in policymakers’ ability to bring about a lasting solution to our problems. And we should bear in mind that the crisis is primarily a crisis of confidence: of confidence in the sustainability of public finances, in competitiveness and, to some extent, in the workings of EMU. But there is a second reason why the “more of the same” will not take us anywhere. The analgesic we administer comes with side effects. And the longer we apply it, the greater these side effects will be, and they will come back to haunt us in the future. In the end, it is just not possible to separate the short and the long term. You will be tomorrow what you do today. With these two caveats in mind, let us take a closer look at the suggested policy mix. For the sake of brevity, I shall focus on monetary and fiscal policies.

3.1 An even bigger role for monetary policy?
To contain the crisis, the EMU member states have built a wall of money that recently reached the staggering height of 700 billion euros. As I have already said, ring-fencing is certainly necessary, but again: it is not a lasting solution. And it is not the sky that’s the limit – the limits are financial and political. In the face of such limits, the Eurosystem is now seen as the “last man standing”. Consequently, some observers are demanding that it play an even bigger role in crisis management. More specifically, such demands include lower interest rates, more liquidity and larger purchases of assets. But does the assumption on which these demands are based hold true when we take a closer look at it?

In the end, monetary policy is not a panacea and central bank “firepower” is not unlimited, especially not in monetary union. True, this crisis is exceptional in scale and scope, and extraordinary times do call for extraordinary measures. But the central banks of the Eurosystem have already done a lot to contain crisis. Now we have to make sure that by solving one crisis, we are not preparing the ground for the next one. Take, for example, the side effects of low interest rates. Research has found that risk-taking becomes more aggressive when central banks apply unconditional monetary accommodation in order to counter a correction of financial exaggeration, especially if monetary policy does not react symmetrically to the build-up of financial imbalances. In the end, putting too much weight on countering immediate risks to financial stability will create even greater risks to financial stability and price stability in the future. The Eurosystem has applied a number of unconventional measures to maintain financial stability. These measures helped to prevent an escalation of the financial turmoil and constitute a virtually unlimited supply of liquidity to banks. But monetary policy cannot substitute for other policies and must not compensate for policy inaction in other areas. If the Eurosystem funds banks that are not financially sound, and does so against inadequate collateral, it redistributes risks among national taxpayers. Such implicit transfers are beyond the mandate of the euro area’s central banks. Rescuing banks using taxpayers’ money is something that should only be decided by national parliaments. Otherwise, monetary policy would nurture the deficit bias that is inherent to a monetary union of sovereign states. In this regard, the situation of the Eurosystem is fundamentally different from that of the Federal Reserve or that of the Bank of England.

Moreover, extensive and protracted funding of banks by the Eurosystem replaces or displaces private investors. This breeds the risk that some banks will not reform unviable business models. So far, progress in this regard has been very limited in a number of euroarea countries. And the Eurosystem has also relieved stress in the sovereign bond market. However, we should not forget that market interest rates are an important signal for governments regarding the state of their finances and that they are an important incentive for reforms. Of course, markets do not always get it right. They may have underestimated sovereign risks for a long time and now they are overestimating it. But past experience taught us that their signal is still the most powerful incentive we have. At any rate, I would not rely on political insight or political rules alone. After all, monetary policy must not lose sight of its primary objective: to maintain price stability in the euro area as a whole. What does this mean? Let us say that monetary policy becomes too expansionary for Germany, for instance. If this happens, Germany has to deal with this using other, national instruments. But by the same token, we could say this: even if we are concerned about the impact on the peripheral countries, monetary policymakers must do what is necessary once upside risks for euro-area inflation increase. Delivering on its primary goal of maintaining price stability is essential for safeguarding the most precious resource a central bank can command: credibility. To sum up: what we do in the short-term has to be consistent with what we are trying to achieve in the long-term – price stability, financial stability and sound public finances.

This implies a delicate balancing act – a balancing act we shall upset if we overburden monetary policy with crisis management.

3.2 Rethinking consolidation and structural reforms?
Now, what about consolidation and structural reforms? Here, too, we have to strike the right balance between the short and the long run. Those who propose putting off consolidation and reforms argue that embarking on ambitious consolidation efforts or far-reaching structural reforms at the present moment would place too great a burden on recovery. They do not deny the necessity of such steps over the medium term, but in the short-run they consider it more important to maintain adequate demand, avoid unsettling people and nurture the recovery. But in the end, the current crisis is, to a large degree, a crisis of confidence. And if already announced consolidation and reforms were to be delayed, would people not lose even more confidence in policymakers’ ability to get to the root of the crisis? We can only win back confidence if we bring down excessive deficits and boost competitiveness. And it is precisely because these things are unpopular that makes it so tempting for politicians to rely instead on monetary accommodation. It is true that consolidation, in particular, might, under normal circumstances, dampen aggregate demand and economic growth. But the question is: are these normal circumstances? It is quite obvious that everybody sees public debt as a major threat. The markets do, politicians do, and people on Main Street do. A widespread lack of trust in public finances weighs heavily on growth: there is uncertainty regarding potential future tax increases, while funding costs are rising for private and public creditors alike. In such a situation, consolidation might inspire confidence and actually help the economy to grow.

In my view, the risks of frontloading consolidation are being exaggerated. In any case, there is little alternative. In the end, you cannot borrow your way out of debt; cut your way out is the only promising approach.

4. Conclusion
Allow me to conclude by going back to the beginning of my speech where I mentioned the benefits of sharing and discussing ideas. I have stressed that we have to embark on reforms that make the crisis countries more competitive; that we have to reduce public debt and that we have to further improve the institutional framework of monetary union. But the spirit of my argument was expressed succinctly some 20 years ago by Karl Otto Pöhl. In his speech at the Economic Club he said: “The true function of a central bank must be, however, to take a longer-term view.” And after five years of crisis, the long term might catch up with us faster than we expect. We therefore have to think about the future now – and we have to act accordingly as well. Thank you for your attention.

Andreas Dombret: Towards a more sustainable Europe

Speech by Dr Andreas Dombret, Member of the Executive Board of the Deutsche Bundesbank, at the Euromoney Germany Conference, Berlin, 25 April 2012.
***

1 Introduction
Ladies and Gentlemen I am delighted to have the opportunity to speak to you today at the Euromoney Germany conference. Now in its 8th year, the conference has established itself as a first-class opportunity for policymakers and financial practitioners to exchange views. I firmly believe that this free flow of ideas is of benefit to us all, and I am looking forward to sharing my views with you in the next 20 minutes. We are facing a crisis that is no longer confined to individual countries. Throughout and beyond Europe, it weighs heavily on people’s minds. Some believe, it even challenges the viability of monetary union in its current form. Given the exceptional scale and scope of the crisis, it is hardly surprising that views diverge on how to overcome it. But it is worth recalling that despite intense debates on the best way forward, we share a common vision for the future of our monetary union: a sound currency, sound public finances, competitive economies, and a stable financial system. These are the principles enshrined in the Maastricht Treaty. With the adoption of the treaty, all euro-area member states committed to a European stability culture. Among those most eager to join were the countries with first-hand experience of the painful consequences of deficits spiralling out of control and of a monetary policy not always fully committed to maintaining price stability.

The unholy “marriage” between Banca d’Italia and the Italian treasury in 1975 is a perfect example.
Banca d’Italia vowed to act as buyer of last resort for government bonds.

Up to the “divorce” in 1981, Italian government debt more than tripled while average inflation stood at 17%. After Banca d’Italia was granted greater independence, inflation rates began to fall significantly. The principles of a sound currency, sound public finances and a competitive economy thus remain the cornerstones of a strong and sustainable monetary union. Far from being a specifically German conviction, they serve the well-being of citizens throughout the euro area. And the ongoing validity of these principles is a prerequisite for the public acceptance of monetary union. Thus, any approach that does not respect and comply with these principles will not bring about a lasting solution to the crisis. The current crisis is not a crisis of the euro as our common currency. Since the start of the euro, inflation has been in line with the Eurosystem’s definition of price stability, and the euro continues to be a strong currency – to some, it actually appears to be too strong. But it is generally accepted that the two central elements of the crisis are large macroeconomic imbalances stemming from diverging competitiveness levels, and unsustainable levels of public debt.

2 The root causes of the crisis: macroeconomic imbalances and over-indebtedness
No lasting solution to the crisis will be achieved unless these root causes are tackled. Firewalls can help some countries to cope better with the effects of sudden shifts in investor sentiment, but, ultimately, all it can do is buy time. As the IMF points out in its recent World Economic Outlook , firewalls by themselves cannot solve the difficult fiscal, competitiveness and growth issues that some countries are now facing.

2.1 Macroeconomic imbalances
There is broad consensus that macroeconomic imbalances, which have built up in recent years, lie at the heart of the crisis.

But the best way to correct these imbalances has been the subject of intense debate. Exchange rate movements are usually an important channel through which unsustainable current account positions are corrected – deficit countries eventually see a devaluation, while surplus tend to revalue their currencies. The reactions that this triggers in imports, exports and corresponding capital flows then help to bring the current account back closer to balance. In a monetary union, however, this is obviously no longer an option. Spain no longer has a peseta to devalue; Germany no longer has a deutsche mark to revalue. Other things must therefore give instead: prices, wages, employment and output. The question now is which countries have to shoulder the adjustment burden. Naturally, this is where opinions start to differ. The German position could be described as follows: the deficit countries must adjust. They must address their structural problems, reduce domestic demand, become more competitive and increase their exports. But this position has not gone uncontested. Indeed, well-known commentators suggest that surplus countries should bear part of the adjustment burden in order to avoid deflation in deficit countries. They also point out that not all countries can act like Germany, in other words, not all countries can run a current account surplus. Hence, they suggest that surplus countries should shoulder at least part of the burden. But this criticism misses the point of what the correction of domestic imbalances actually means: As regards the lingering threat of a protracted deflation, it is rather a one-off reduction of prices and wages that is required, not a lasting deflationary process.

In fact, frontloading reforms and necessary adjustment has proven to be more successful than protracted adjustment, as experience in the Baltic states and Ireland shows. And while not all countries can run a current account surplus, all can become more competitive – higher competitiveness due to productivity increases or lower monopoly rents in, up to now, overregulated sectors is not a zero sum game. Structural reforms can unlock the potential to increase productivity and thus improve competitiveness without inducing deflation. There is no way around the fact that Europe is part of a globalised world. And, at the global level, we are competing with economies such as the United States or China. To succeed, Europe as a whole has to become more dynamic, more inventive and more productive. Once the deficit countries start to become more competitive, surplus countries will adjust automatically. They will become less competitive in relative terms, exporting less and importing more. And we should acknowledge that this process has already been set in motion. Exports of a number of peripheral countries have started to grow, bringing down current account deficits in the process. Correspondingly, German imports from the euro area have grown strongly over the last two years, almost halving the current account surplus between 2007 and 2011. To facilitate the adjustment process, euro area members have committed significant funds within the framework of the EFSF and the ESM. Germany is contributing the biggest share. This support is based on the high reputation Germany enjoys among investors. We would put this trust in jeopardy if we were to give in to calls for fiscal stimulus in Germany in order to raise demand for imports from the peripheral euro area.

But weakening Germany’s fiscal position would lead to higher refinancing costs and, therefore, either reduce the capacity of the firewalls or raise the borrowing costs for programme countries. Moreover, studies by the IMF suggest that positive spill-over effects from an increase in German demand to partner countries in the euro area would be minimal. So, instead of stimulating exports in peripheral euro-area countries, additional fiscal stimulus at a time when Germany’s economy is already running at normal capacity would be of detriment to all parties.

2.2 Fiscal consolidation
Turning to fiscal consolidation, it is often stressed that such measures, together with structural reforms, would be too much of a burden. They would create a vicious circle of decreasing demand and further budget pressure that would eventually bring the economy down. But to the extent that the current output level was fuelled by an unsustainable ballooning of private and public debt, correction as such is unavoidable, and the only question that remains is that of the best timing. However, this crisis is a crisis of confidence. While, under normal circumstances, consolidation might dampen the economy, the lack of trust in public finances and in policymakers” willingness to act is a huge burden for growth. Thus, frontloaded, and therefore credible, consolidation would instead strengthen confidence, actually help the economy to grow and reduce the danger of the crisis spreading to the financial system. In addition, urgently needed structural reforms and consolidation are often hard to disentangle. For example, a bloated public sector or very generous pension system are both a drag on growth and a burden on the budget. The same applies to inefficient companies that are state-owned or operate in highly regulated sectors. The risks to growth emanating from immediate fiscal consolidation therefore have to be put into perspective. Negative short-term effects cannot be ruled out.

But to the extent that consolidation constitutes necessary corrections of an unsustainable development and brings about greater efficiency, the long-term gains do not only vastly exceed potential short-term pain, they also help to alleviate it now by restoring the lost credibility in the ability to tackle the root causes of the crisis.

3 The role of monetary policy
Up to now, the picture has been mixed in this regard. We have seen substantial progress, often initiated by new, more reform-minded governments, but also some setbacks. A much clearer pattern has emerged with respect to the expectations placed on monetary policy. Whenever a new intensification of the crisis looms, the first question seems to be “What can the central banks do about this?” To me, this is a worrisome development. Monetary policy has already gone a very long way towards containing the crisis. But we have to be aware that the medicine of a very low interest rate policy, ample provision of liquidity at very favourable conditions and large-scale financial market intervention does not come without side effects – which are all the more severe, the longer the drug is administered. In the course of this crisis, the role of central banks has changed fundamentally. Before the crisis, they provided scarce liquidity; now they increasing serve as a regular source of funding for banks, and this threatens to replace or displace private investors. This may give rise to new financial instability if, as a result of the measures, banks and investors behave carelessly or embark on unsustainable business models, for instance, due to substantial carry trades. But emergency measures will not become the “new normal”. Banks, investors and governments have to be fully aware of this, and central banks cannot tolerate that their well-intentioned emergency measures result in a delay in necessary adjustments in the financial sector or protracted consolidation and reform efforts among governments.

4 Conclusion
Ladies and Gentlemen, In my remarks, I have focused on necessary reforms in the euro area member states. This is not to say that changes to the institutional set-up of monetary union are not important. If member states want to retain autonomy with regard to fiscal policy, we need stricter rules to account for the incentives to accumulate debt that exist in a monetary union. The fiscal compact is a promising step forward. Now, it is essential that the rules are applied rigorously. Referring to the motto of this conference “A German Europe or a European Germany”, how should one label the recipe to overcome the crisis that I have just presented? Well, it is, quite obviously, a European solution. And that is because it fully reflects and respects the letter as well as the spirit of the European Treaty and therefore of the principles that I stressed at the beginning. The current crisis is most certainly a defining moment for monetary union. But the crisis and the measures taken to overcome it should not be allowed to redefine implicitly what monetary union actually is. This time we really cannot “let this crisis go to waste”, as the former White House chief of staff, Rahm Emanuel, put it. The crisis has laid bare structural flaws at many levels. It has questioned the way we adhered to the principles of EMU, but did not invalidate the principles themselves, quite the contrary. I am confident that having stared into the abyss, Europe will make the right choices and pave the way for a more prosperous and sustainable future – to the benefit of Germany as well as of the euro area as a whole.

ENERGY ≠ HEAT: DARPA SEEKS NON-THERMAL APPROACHES TO THIN-FILM DEPOSITION
Chemistry and physics researchers wanted to develop new approaches to reactant flux, surface mobility, reaction energy, by-product removal, nucleation and other components of thin-film deposition When the Department of Defense (DoD) wants to build a jet engine, it doesn’t put a team of engineers in a hangar with a block of metal and some chisels. Jet engines are made up of individual components that are carefully assembled into a finished product that possesses the desired performance capabilities. In the case of thin-film deposition—a process in which coatings with special properties are bonded to materials and parts to enhance performance—current science addresses the process as though it is attempting to build a jet engine from a block of metal, focusing on the whole and ignoring the parts. Like a jet engine, the thin-film deposition process could work better if it was addressed at the component level. Thin-film deposition requires high levels of energy to achieve the individual chemical steps to deposit a coating on a substrate. Under the current state of practice, that necessary energy is generated by applying very high temperatures—more than 900 degrees Celsius in some cases—at the surface of the substrate as part of a chemical vapor deposition process. The problem with using the thermal energy hammer is that the minimum required processing temperatures exceed the maximum temperatures that many substrates of interest to DoD can withstand. As a result, a wide range of capabilities remain out of reach. DARPA created the Local Control of Materials Synthesis (LoCo) program to overcome the reliance on high thermal energy input by addressing the process of thin-film deposition at the component level in

areas such as reactant flux, surface mobility, reaction energy, nucleation and by-product removal, among others. In so doing, LoCo will attempt to create new, low-temperature deposition processes and a new range of coating-substrate pairings for use in DoD technologies. “What really matters in thin-film deposition is energy, not heat,” said Brian Holloway, DARPA program manager. “If we break down the thin-film deposition process into components, we should be able to achieve better results by looking at each piece individually and then merging those solutions into a new low temperature process. It’s going to be researchers in specialties like plasma chemistry, photophysics, surface acoustic spectroscopy and solid-state physics who make it possible. DARPA seeks scientists who can contribute pieces of the puzzle so that the LoCo team can put them together.” Breakthroughs in thin-film deposition could enhance performance and enable new capabilities across a range of DoD technologies, impacting areas as diverse as artificial arteries, corrosion-resistant paint and steel combinations, erosion-resistant rotor blades, photovoltaics and long-wavelength infrared missile domes, among others. As a second focus area, the LoCo program seeks performers to evaluate the cost and performance impacts of coating application to existing DoD parts and systems. Through these assessments, DARPA hopes to identify a specific piece of equipment that would benefit from a novel coating to use as a test bed for any new thin-film deposition process. Through this parallel effort, LoCo intends to move from initial research to practical application within three years. To answer questions regarding the LoCo program, DARPA will hold a Proposers’ Day workshop on May 9, 2012. This live workshop and simultaneous webcast will introduce interested communities to the effort, explain the mechanics of a DARPA program and address questions about proposals, participation and eligibility. The meeting is in support of the forthcoming Local Control of Materials Synthesis Broad Agency Announcement (BAA) that will formally solicit proposals.

More information on the Proposers’ Day is available at: http://go.usa.gov/y6M. The BAA will be announced on the Federal Business Opportunities website (www.fbo.gov).

Note:
DARPA’s – or ARPA’s, as it was called at the time – involvement in the creation of the Internet began with a memo.

Dated April 23, 1963, the memo was dictated as its author, Joseph Carl Robnett Licklider, was rushing to catch an airplane. No surprise there: Licklider was spending a lot of his time on airplanes in those days. The previous fall, he had come to the Pentagon to organize the Information Processing Techniques Office (IPTO), ARPA’s first effort to fund research into “command and control” – that is, computing. And he had been crisscrossing the country ever since, energetically assembling a network of principal investigators scattered from the Rand Corporation in Santa Monica, Calif., to MIT in Cambridge, Mass.

Licklider’s task might have been easier if he had been pursuing a more conventional line of computing research – improvements in database management, say, or fast-turnaround batch-processing systems. He could have just commissioned work from mainstream companies like IBM, who would have been more than happy to participate. But in fact, with his bosses’ approval, Licklider was pushing a radically different vision of computing. His inspiration had come from Project Lincoln, which had begun back in 1951 when the Air Force commissioned MIT to design a state-of-theart, early-warning network to guard against a Soviet nuclear bomber attack. The idea – radical at the time – was to create a system in which all the radar surveillance, target tracking, and other operations would be coordinated by computers, which in turn would be based on a highly experimental MIT machine known as Whirlwind: the first “real-time” computer capable of responding to events as fast as they occurred. Project Lincoln would eventually result in a continent-spanning system of 23 centers that each housed up to 50 human radar operators, plus two redundant real-time computers capable of tracking up to 400 airplanes at once. This Semi-Automatic Ground Environment (SAGE) system would also include the world’s first long-distance network, which allowed the computers to transfer data among the 23 centers over telephone lines. Licklider, who was then a professor of experimental psychology at MIT, had led a team of young psychologists working on the human factors aspects of the SAGE radar operator’s console. And something about it had obviously stirred his imagination. By 1957, he was giving talks about a “Truly SAGE System” that would be focused not on national security, but enhancing the power of the mind. In place of the 23 air-defense centers, he imagined a nationwide network of “thinking centers,” with responsive, real time computers that contained vast libraries covering every subject imaginable. And in place of the radar consoles, he imagined a multitude of interactive terminals, each capable of displaying text, equations, pictures, diagrams, or any other form of information. By 1958, Licklider had begun to talk about this vision as a “symbiosis”

of men and machines, each preeminent in its own sphere – rote algorithms for computers, creative heuristics for humans – but together far more powerful than either could be separately. By 1960, in his classic article “Man-Computer Symbiosis,” he had written down these ideas in detail – in effect, laying out a research agenda for how to make his vision a reality. And now, at ARPA, he was using the Pentagon’s money to implement that agenda.

Press Release Federal Open Market Committee
Information received since the Federal Open Market Committee met in March suggests that the economy has been expanding moderately. Labor market conditions have improved in recent months; the unemployment rate has declined but remains elevated. Household spending and business fixed investment have continued to advance. Despite some signs of improvement, the housing sector remains depressed. Inflation has picked up somewhat, mainly reflecting higher prices of crude oil and gasoline. However, longer-term inflation expectations have remained stable. Consistent with its statutory mandate, the Committee seeks to foster maximum employment and price stability. The Committee expects economic growth to remain moderate over coming quarters and then to pick up gradually. Consequently, the Committee anticipates that the unemployment rate will decline gradually toward levels that it judges to be consistent with its dual mandate. Strains in global financial markets continue to pose significant downside risks to the economic outlook. The increase in oil and gasoline prices earlier this year is expected to affect inflation only temporarily, and the Committee anticipates that

subsequently inflation will run at or below the rate that it judges most consistent with its dual mandate. To support a stronger economic recovery and to help ensure that inflation, over time, is at the rate most consistent with its dual mandate, the Committee expects to maintain a highly accommodative stance for monetary policy. In particular, the Committee decided today to keep the target range for the federal funds rate at 0 to 1/4 percent and currently anticipates that economic conditions--including low rates of resource utilization and a subdued outlook for inflation over the medium run--are likely to warrant exceptionally low levels for the federal funds rate at least through late 2014. The Committee also decided to continue its program to extend the average maturity of its holdings of securities as announced in September. The Committee is maintaining its existing policies of reinvesting principal payments from its holdings of agency debt and agency mortgage-backed securities in agency mortgage-backed securities and of rolling over maturing Treasury securities at auction. The Committee will regularly review the size and composition of its securities holdings and is prepared to adjust those holdings as appropriate to promote a stronger economic recovery in a context of price stability. Voting for the FOMC monetary policy action were: Ben S. Bernanke, Chairman; William C. Dudley, Vice Chairman; Elizabeth A. Duke; Dennis P. Lockhart; Sandra Pianalto; Sarah Bloom Raskin; Daniel K. Tarullo; John C. Williams; and Janet L. Yellen. Voting against the action was Jeffrey M. Lacker, who does not anticipate that economic conditions are likely to warrant exceptionally low levels of the federal funds rate through late 2014.

Press Release April 25, 2012
The Federal Reserve Board and the Federal Open Market Committee on Wednesday released the attached table and charts summarizing the economic projections and the target federal funds rate projections made by Federal Reserve Board members and Federal Reserve Bank presidents for the April 24-25 meeting of the Committee. The table will be incorporated into a summary of economic projections released with the minutes of the April 24-25 meeting.

Explanation of Economic Projections Charts
The charts show actual values and projections for three economic variables, based on FOMC participants’ individual assessments of appropriate monetary policy: Change in Real Gross Domestic Product (GDP)—as measured from the fourth quarter of the previous year to the fourth quarter of the year indicated, with values plotted at the end of each year. Unemployment Rate—the average civilian unemployment rate in the fourth quarter of each year, with values plotted at the end of each year. PCE Inflation—as measured by the change in the personal consumption expenditures (PCE) price index from the fourth quarter of the previous year to the fourth quarter of the year indicated, with values plotted at the end of each year. Information for these variables is shown for each year from 2007 to 2014, and for the longer run. The solid line, labeled “Actual,” shows the historical values for each variable. The lightly shaded areas represent the ranges of the projections of policymakers. The bottom of the range for each variable is the lowest of all of the projections for that year or period. Likewise, the top of the range is the highest of all of the projections for that year or period.

The dark shaded areas represent the central tendency, which is a narrower version of the range that excludes the three highest and three lowest projections for each variable in each year or period. The longer-run projections, which are shown on the far right side of the charts, are the rates of growth, unemployment, and inflation to which a policymaker expects the economy to converge over time—maybe in five or six years—in the absence of further shocks and under appropriate monetary policy. Because appropriate monetary policy, by definition, is aimed at achieving the Federal Reserve’s dual mandate of maximum employment and price stability in the longer run, policymakers’ longer-run projections for economic growth and unemployment may be interpreted, respectively, as estimates of the economy’s normal or trend rate of growth and its normal unemployment rate over the longer run. The longer-run projection shown for inflation is the rate of inflation judged to be most consistent with the Federal Reserve’s dual mandate.

Explanation of Policy Path Charts
These charts are based on policymakers’ assessments of the appropriate path for the FOMC’s target federal funds rate. The target funds rate is measured as the level of the target rate at the end of the calendar year or in the longer run. Appropriate monetary policy, by definition, is the future path of policy that each participant deems most likely to foster outcomes for economic activity and inflation that best satisfy his or her interpretation of the Federal Reserve’s dual objectives of maximum employment and stable prices. In the upper panel, the shaded bars represent the number of FOMC participants who judge that the initial increase in the target federal funds rate (from its current range of 0 to ¼ percent) would appropriately occur in the specified calendar year. In the lower panel, the dots represent individual policymakers’ assessments of the appropriate federal funds rate target at the end of each of the next several years and in the longer run. Each dot in that chart represents one policymaker’s projection. Please note that for purposes of this chart the responses are rounded to the nearest ¼ percent, with the exception that all values below 37.5 basis points are rounded to ¼ percent.

These assessments of the timing of the initial increase of the target federal funds rate and the path of the target federal funds rate are the ones that policymakers view as compatible with their individual economic projections.

Dear Member,

Who said it (and for whom)?
“In our audit of fiscal years 2011 and 2010 financial statements, we identified four significant deficiencies in internal control as of September 30, 2011. These significant internal control deficiencies represent continuing deficiencies concerning controls over (1) information systems, (2) financial reporting and accounting processes … ” And later: “We start with a from a Significant Deficiency over Information Security” “… despite this progress, we identified new weaknesses in information security controls regarding (1) incomplete implementation of your information security program and (2) inadequate review of service auditors’ reports that jeopardized the confidentiality and integrity of your financial information”

Looks like a Sarbanes Oxley report?
Yes, but it is not something like it.

Well, who wrote it?
The U.S. Government Accountability Office (GAO) – that is an independent, nonpartisan agency that works for Congress. Often called the congressional watchdog, GAO investigates how the federal government spends taxpayer dollars. The head of GAO, the Comptroller General of the United States, is appointed to a 15-year term by the President from a slate of candidates Congress proposes. Gene L. Dodaro became the eighth Comptroller General of the United States and head of the U.S. Government Accountability Office (GAO) on December 22, 2010, when he was confirmed by the United States Senate. He was nominated by President Obama in September of 2010 and had been serving as Acting Comptroller General since March of 2008.

Ok, for whom the GAO said the above?
For the boss of the PCAOB, that has a critical role for the implementation of the Sarbanes Oxley Act… You guessed it! For the

U.S. Securities and Exchange Commission! The moral of the story: Nobody is perfect.

Subject: Management Report: Improvements Needed in SEC’s Internal Controls and Accounting Procedures
Dear Ms. Schapiro: On November 15, 2011, we issued our opinion on the U.S. Securities and Exchange Commission’s (SEC) and its Investor Protection Fund’s (IPF) fiscal years 2011 and 2010 financial statements. We also issued our opinion on the effectiveness of SEC’s internal controls over financial reporting as of September 30, 2011, and our evaluation of SEC’s compliance with selected provisions of laws and regulations during fiscal year 2011. In that report, we identified significant deficiencies in SEC’s internal control over financial reporting. The purpose of this report is to (1) Present new recommendations related to the significant deficiencies we identified in our November 2011 report; (2) Communicate less significant internal control issues we identified during our fiscal year 2011 audit of SEC’s internal controls and accounting procedures, along with our related recommended corrective actions; and (3) Summarize information on the status of the recommendations reported as open in our March 29, 2011, management report.

Results in Brief
In our audit of SEC’s fiscal years 2011 and 2010 financial statements, we identified four significant deficiencies in internal control as of September 30, 2011. These significant internal control deficiencies represent continuing deficiencies concerning controls over (1) Information systems, (2) Financial reporting and accounting processes, (3) Budgetary resources, and (4) Registrant deposits and filing fees. These significant control deficiencies may adversely affect the accuracy and completeness of information used and reported by SEC’s management. We are making a total of 10 new recommendations to address these continuing significant internal control deficiencies. A control deficiency exists when the design or operation of a control does not allow management or employees in the normal course of performing their assigned functions to prevent or detect and correct misstatements on a timely basis. [Note from George Lekatis: Sorry, I cannot resist. The definition of a control deficiency - a nightmare for all Sarbanes Oxley experts – can be found at the SOX standards endorsed by the SEC, and now the GAO explains to the SEC what a control deficiency is] A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. In contrast, a material weakness is a deficiency, or combination of deficiencies, in internal control such that there is a reasonable possibility that a material misstatement of the entity’s financial statements will not be prevented or detected and corrected on a timely basis. We also identified other internal control issues that although not considered material weaknesses or significant control deficiencies, nonetheless warrant SEC management’s attention.

These issues concern SEC’s controls over: • payroll monitoring, • implementation of post-judgment interest accounting procedures, • accounting for disgorgement and penalty transactions, and • the government purchase card program. We are making a total of 9 new recommendations related to these other internal control deficiencies. We are also providing summary information on the status of SEC’s actions to address the recommendations from our prior audits as of the conclusion of our fiscal year 2011 audit. By the end of our fiscal year 2011 audit, we found that SEC took action to fully address 38 of the 66 recommendations from our prior audits, subsequent to our March 29, 2011, management report. Lastly, we found that SEC took action to address and resolve all four weaknesses in information systems controls that we identified in public and “Limited Official Use Only” reports issued in 2008 through 2009 that were reported as open at the time of our March 29, 2011, management report. In providing written comments on a draft of this report, the SEC Chairman stated that continued improvement in the agency's internal control structure, particularly in the areas of information security, financial reporting and accounting processes, budgetary resources, and registrant deposits and filing fees, is a top priority. The Chairman stated that the center piece of SEC’s effort to strengthen financial controls is to migrate SEC’s core financial system and transaction processing to a federal shared service provider. We will evaluate SEC’s actions, strategies, and plans as part of our fiscal year 2012 audit. SEC’s written comments are reprinted in enclosure II. SEC also provided technical comments, which we considered and incorporated as appropriate.

Scope and Methodology
As part of our audit of SEC’s fiscal years 2011 and 2010 financial statements, we evaluated SEC’s internal controls over financial reporting and tested its compliance with selected provisions of laws and regulations.

We designed our audit procedures to test relevant controls over financial reporting, including those designed to provide reasonable assurance that transactions are properly recorded, processed, and summarized to permit the preparation of financial statements in conformity with U.S. generally accepted accounting principles, and that assets are safeguarded against loss from unauthorized acquisition, use, or disposition. As part of our audit, we considered and evaluated the work performed and conclusions reached by SEC management in its internal control assessment. Further details on our scope and methodology are included in our November 2011 report on our audit of SEC’s fiscal years 2011 and 2010 financial statements and are summarized in enclosure III. We conducted our audit of SEC’s fiscal years 2011 and 2010 financial statements in accordance with U.S. generally accepted government auditing standards. We believe our audit provided a reasonable basis for our conclusions in this report.

Significant Deficiency over Information Security
As we reported in our report on our audit of SEC’s fiscal years 2011 and 2010 financial statements, SEC has made progress in strengthening internal control over its financial information systems. However, despite this progress, we identified new weaknesses in information security controls regarding (1) Incomplete implementation of SEC’s information security program and (2) Inadequate review of service auditors’ reports that jeopardized the confidentiality and integrity of SEC’s financial information, as discussed below. During our audit, we identified new deficiencies that limited the effectiveness of information security controls protecting the confidentiality and integrity of key financial systems and databases that support financial reporting. Specifically, SEC had not consistently or fully implemented controls for identifying and authenticating users, authorizing access to resources, ensuring that sensitive data are encrypted, or auditing actions taken on its systems.

In addition, SEC had not installed patch updates on its software, exposing it to known vulnerabilities, which could jeopardize data integrity and confidentiality. To read more: http://www.gao.gov/assets/600/590114.pdf Speech, Chairman Ben S. Bernanke At the Russell Sage Foundation and The Century Foundation Conference on "Rethinking Finance" New York

Some Reflections on the Crisis and the Policy Response
I would like to thank the conference organizers for the opportunity to offer a few remarks on the causes of the 2007-09 financial crisis as well as on the Federal Reserve's policy response. The topic is a large one, and today I will be able only to lay out some basic themes. In doing so, I will draw from talks and testimonies that I gave during the crisis and its aftermath, particularly my testimony to the Financial Crisis Inquiry Commission in September 2010. Given the time available, I will focus narrowly on the financial crisis and the Federal Reserve's response in its capacity as liquidity provider of last resort, leaving discussions of monetary policy and the aftermath of the crisis to another occasion.

Triggers and Vulnerabilities
In its analysis of the crisis, my testimony before the Financial Crisis Inquiry Commission drew the distinction between triggers and vulnerabilities. The triggers of the crisis were the particular events or factors that touched off the events of 2007-09--the proximate causes, if you will. Developments in the market for subprime mortgages were a prominent example of a trigger of the crisis. In contrast, the vulnerabilities were the structural, and more fundamental, weaknesses in the financial system and in regulation and supervision that served to propagate and amplify the initial shocks. In the private sector, some key vulnerabilities included high levels of

leverage; excessive dependence on unstable short-term funding; deficiencies in risk management in major financial firms; and the use of exotic and nontransparent financial instruments that obscured concentrations of risk. In the public sector, my list of vulnerabilities would include gaps in the regulatory structure that allowed systemically important firms and markets to escape comprehensive supervision; failures of supervisors to effectively apply some existing authorities; and insufficient attention to threats to the stability of the system as a whole (that is, the lack of a macroprudential focus in regulation and supervision). The distinction between triggers and vulnerabilities is helpful in that it allows us to better understand why the factors that are often cited as touching off the crisis seem disproportionate to the magnitude of the financial and economic reaction. Consider subprime mortgages, on which many popular accounts of the crisis focus. Contemporaneous data indicated that the total quantity of subprime mortgages outstanding in 2007 was well less than $1 trillion; some more-recent accounts place the figure somewhat higher. In absolute terms, of course, the potential for losses on these loans was large--on the order of hundreds of billions of dollars. However, judged in relation to the size of global financial markets, aggregate exposures to subprime mortgages were quite modest. By way of comparison, it is not especially uncommon for one day's paper losses in global stock markets to exceed the losses on subprime mortgages suffered during the entire crisis, without obvious ill effect on market functioning or on the economy. Thus, losses on subprime mortgages can plausibly account for the massive reaction seen during the crisis only insofar as they interacted with other factors--more fundamental vulnerabilities--that served to amplify their effects. On the surface, the puzzle of disproportionate cause and effect seems somewhat less stark if one takes the boom and bust in the U.S. housing market as the trigger of the crisis, as the paper gains and losses associated with the swing in house prices were many times the losses associated directly with subprime loans. Indeed, the 30 percent or so aggregate decline in house prices since their peak has by now eliminated nearly $7 trillion in paper wealth.

However, on closer examination, it is not clear that even the large movements in house prices, in the absence of the underlying weaknesses in our financial system, can account for the magnitude of the crisis. First, much of the decline in house prices has occurred since the most intense phase of the crisis; the decline in prices since September 2008 is probably better viewed as largely the result of, rather than a cause of, the crisis and ensuing recession. More fundamentally, however, any theory of the crisis that ties its magnitude to the size of the housing bust must also explain why the fall of dot-com stock prices just a few years earlier, which destroyed as much or more paper wealth--more than $8 trillion--resulted in a relatively short and mild recession and no major financial instability. Once again, the explanation of the differences between the two episodes must be that the problems in housing and mortgage markets interacted with deeper vulnerabilities in the financial system in ways that the dot-com bust did not. So let me turn, then, to a discussion of those vulnerabilities and how they amplified the effects of triggers like the collapse of the subprime mortgage market. A number of the vulnerabilities I listed a few moments ago were associated with the increased importance of the so-called shadow banking system.

Shadow banking, as usually defined, comprises a diverse set of institutions and markets that, collectively, carry out traditional banking functions--but do so outside, or in ways only loosely linked to, the
traditional system of regulated depository institutions. Examples of important components of the shadow banking system include securitization vehicles, asset-backed commercial paper (ABCP) conduits, money market mutual funds, markets for repurchase agreements (repos), investment banks, and mortgage companies. Before the crisis, the shadow banking system had come to play a major role in global finance. Economically speaking, as I noted, shadow banking bears strong functional similarities to the traditional banking sector. Like traditional banking, the shadow banking sector facilitates maturity transformation (that is, it is used to fund longer-term, less-liquid assets with short-term, more-liquid liabilities), and it channels savings into specific investments, mostly debt-like instruments.

In part, the rapid growth of shadow banking reflected various types of regulatory arbitrage--for example, the minimization of capital requirements. However, instruments that fund the shadow banking system, such as money market mutual funds and repos, also met a rapidly growing demand among investors, generally large institutions and corporations, seeking cash-like assets for use in managing their liquidity. Commercial banks were limited in their ability to meet this growing demand by prohibitions on the payment of interest on business checking accounts and by relatively low limits on the size of deposit accounts that can be insured by the Federal Deposit Insurance Corporation (FDIC). As became apparent during the crisis, a key vulnerability of the system was the heavy reliance of the shadow banking sector, as well as some of the largest global banks, on various forms of short-term wholesale funding, including commercial paper, repos, securities lending transactions, and interbank loans. The ease, flexibility, and low perceived cost of short-term funding also supported a broader trend toward higher leverage and greater maturity mismatch in individual shadow banking institutions and in the sector as a whole. While banks also rely on short-term funding and leverage, they benefit from a government-provided safety net, including deposit insurance and backstop liquidity provision by the central bank. Shadow banking activities do not have these safeguards, so they employ alternative mechanisms to gain investor confidence. Among these mechanisms are the collateralization of many shadow banking liabilities; regulatory or contractual restrictions placed on portfolio holdings, such as the liquidity and credit quality requirements applicable to money market mutual funds; and the imprimaturs of credit rating agencies. Indeed, the very foundation of shadow banking and its rapid growth before the crisis was the widely held view (among both investors and regulators) that these safeguards would protect shadow banking activities against runs and panics, similar to the protection given to commercial banking by the government safety net. Unfortunately, this view turned out to be wrong. When it became clear to investors that these alternative protections

might not be adequate to protect against losses, widespread flight from the shadow banking system occurred, with pernicious dynamics reminiscent of the banking panics of an earlier era. Although the vulnerabilities associated with short-term wholesale funding and excessive leverage can be seen as structural weaknesses of the global financial system, they can also be viewed as a consequence of poor risk management by financial institutions and investors, which I would count as another major vulnerability of the system before the crisis. Unfortunately, the crisis revealed a number of significant defects in private-sector risk management and risk controls, importantly including insufficient capacity by many large firms to track firm wide risk exposures, such as off-balance-sheet exposures. This lack of capacity by major financial institutions to track firm wide risk exposures led in turn to inadequate risk diversification, so that losses--rather than being dispersed broadly--proved in some cases to be heavily concentrated among relatively few, highly leveraged companies. Here, I think, is the principal explanation of why the busts in dot-com stock prices and in the housing and mortgage markets had such markedly different effects. In the case of dot-com stocks, losses were spread relatively widely across many types of investors. In contrast, following the housing and mortgage bust, losses were felt disproportionately at key nodes of the financial system, notably highly leveraged banks, broker-dealers, and securitization vehicles. Some of these entities were forced to engage in rapid asset sales at fire-sale prices, which undermined confidence in counterparties exposed to these assets, led to sharp withdrawals of funding, and disrupted financial intermediation, with severe consequences for the economy. Private-sector risk management also failed to keep up with financial innovation in many cases. An important example is the extension of the traditional originate-to-distribute business model to encompass increasingly complex securitized credit products, with wholesale market funding playing a key role. In general, the originate-to-distribute model breaks down the process of credit extension into components or stages--from origination to financing and to the post financing monitoring of the borrower's ability

to repay--in a manner reminiscent of how manufacturers distribute the stages of production across firms and locations. This general approach has been used in various forms for many years and can produce significant benefits, including lower credit costs and increased access of consumers and small and medium-sized businesses to capital markets. However, the expanded use of this model to finance subprime mortgages through securitization was mismanaged at several points, including the initial underwriting, which deteriorated markedly, in part because of incentive schemes that effectively rewarded originators for the quantity rather than the quality of the mortgages extended. Loans were then packaged into securities that proved complex, opaque, and unwieldy; for example, when defaults became widespread, the legal agreements underlying the securitizations made reasonable modifications of troubled mortgages difficult. Rating agencies' ratings of asset-backed securities were revealed to be subject to conflicts of interest and faulty models. At the end of the chain were investors who often relied mainly on ratings and did not make distinctions among AAA-rated securities. Even if the ultimate investors wanted to do their own credit analysis, the information needed to do so was often difficult or impossible to obtain. Dependence on short-term funding, high leverage, and inadequate risk management were critical vulnerabilities of the private sector prior to the crisis. Derivative transactions further increased risk concentrations and the vulnerability of the system, notably by shifting the location and apparent nature of exposures in ways that were not transparent to many market participants. But even as private-sector activities increased systemic risk, the public sector also failed to appreciate or sufficiently respond to the building vulnerabilities in the financial system--both because the statutory framework of financial regulation was not well suited to addressing some key vulnerabilities and because some of the authorities that did exist were not used effectively. In retrospect, it is clear that the statutory framework of financial regulation in place before the crisis contained serious gaps. Critically, shadow banking activities were, for the most part, not subject to consistent and effective regulatory oversight. Much shadow banking lacked meaningful prudential regulation,

including various special purpose vehicles, ABCP conduits, and many nonbank mortgage-origination companies. No regulatory body restricted the leverage and liquidity policies of these entities, and few if any regulatory standards were imposed on the quality of their risk management or the prudence of their risk-taking. Market discipline, imposed by creditors and counterparties, helped on some dimensions but did not effectively limit the systemic risks these entities posed. Other shadow banking activities were potentially subject to some prudential oversight, but weaknesses in the statutory and regulatory framework meant that in practice they were inadequately regulated and supervised. For example, the Securities and Exchange Commission supervised the largest broker-dealer holding companies but only through an opt-in arrangement that lacked the force of a statutory regulatory regime. Large broker-dealer holding companies faced serious losses and funding problems during the crisis, and the instability of such firms as Bear Stearns and Lehman Brothers severely damaged the financial system. Similarly, the insurance operations of American International Group, Inc. (AIG), were supervised and regulated by various state and international insurance regulators, and the Office of Thrift Supervision had authority to supervise AIG as a thrift holding company. However, oversight of AIG Financial Products, which housed the derivatives activities that imposed major losses on the firm, was extremely limited in practice. The gaps in statutory authority had the additional effect of limiting the information available to regulators and, consequently, may have made it more difficult to recognize the underlying vulnerabilities and complex linkages in the overall financial system. Shadow banking institutions that were unregulated or lightly regulated were typically not required to report data that would have adequately revealed their risk positions or practices. Moreover, the lack of preexisting reporting and supervisory relationships hindered systematic gathering of information that might have helped policymakers in the early days of the crisis. A broader failing was that regulatory agencies and supervisory practices were focused on the safety and soundness of individual financial institutions or markets--what we now refer to as microprudential

supervision. In the United States and most other advanced economies, no governmental entity had either a mandate or sufficient authority--now often called macroprudential authority--to take actions to limit systemic risks that could result from the collective behavior of financial institutions and markets. Gaps in the statutory framework were an important reason for the buildup of risk in certain parts of the system and for the inadequate response of the public sector to that buildup. But even when the relevant statutory authorities did exist, they were not always used forcefully or effectively enough by regulators and supervisors, including the Federal Reserve. Notably, bank regulators did not do enough to force large financial institutions to strengthen their internal risk-management systems or to curtail risky practices. The Federal Reserve's Supervisory Capital Assessment Program, undertaken in the spring of 2009 and popularly known as the "stress tests," played a critical role in restoring confidence in the U.S. banking system, but it also demonstrated that many institutions' information systems could not provide timely, accurate information about bank exposures to counterparties or complete information about the aggregate risks posed by different positions and portfolios. Regulators had recognized these problems in some cases but did not press firms vigorously enough to fix them. Even without a macroprudential mandate, regulators could also have done more to try to mitigate risks to the broader financial system. In retrospect, stronger bank capital standards--notably those relating to the quality of capital and the amount of capital required for banks' trading book assets--and more attention to the liquidity risks faced by the largest, most interconnected firms would have made the financial system as a whole more resilient.

The Crisis as a Classic Financial Panic
Having laid out some of the triggers and vulnerabilities that set the stage for the crisis, I can briefly sketch the evolution of the crisis itself. As I have noted, developments in housing and mortgage markets played an important role as triggers. Beginning in 2007, declining house prices and rising rates of foreclosure raised serious concerns about the values of mortgage-related assets and

considerable uncertainty about where those losses would fall. The economy officially fell into recession in December 2007, following several months of financial stress. However, the most severe economic consequences followed the extreme market movements in the fall of 2008. To a significant extent, the crisis is best understood as a classic financial panic--differing in details but fundamentally similar to the panics described by Bagehot and many others. The most familiar type of panic that has occurred historically, involving runs on banks by retail depositors, had been made largely obsolete by deposit insurance, central bank backstop liquidity facilities, and the associated government supervision of banks. But a panic is possible in any situation in which longer-term, illiquid assets are financed by short-term, liquid liabilities and in which providers of short-term funding either lose confidence in the borrower or become worried that other short-term lenders may lose confidence. The combination of dependence on wholesale, short-term financing; excessive leverage; generally poor risk management; and the gaps and weaknesses in regulatory oversight created an environment in which a powerful, self-reinforcing panic could begin. Indeed, panic-like phenomena arose in multiple contexts and in multiple ways during the crisis. The repo market, a major source of short-term credit for many financial institutions, notably including the independent investment banks, was an important example. In repo agreements, loans are collateralized by financial assets, and the maximum amount of the loan is the current assessed value of the collateral less a safety margin, or haircut. The secured nature of repo agreements gave firms and regulators confidence that runs were unlikely. But this confidence was misplaced. Once the crisis began, repo lenders became increasingly concerned about the possibility that they would be forced to receive collateral instead of cash, collateral that would then have to be disposed of in falling and illiquid markets. In some contexts, lenders responded by imposing increasingly higher haircuts, cutting the effective amount of funding available to borrowers.

In other contexts, lenders simply pulled away, as in a deposit run; in these cases, some borrowers lost access to repo entirely, and some securities became unfundable in the repo market. In either case, absent sufficient funding, borrowers were frequently left with no option but to sell assets into illiquid markets. These forced sales drove down asset prices, increased volatility, and weakened the financial positions of all holders of similar assets. Volatile asset prices and weaker borrower balance sheets in turn heightened the risks borne by repo lenders, further boosting the incentives to demand higher haircuts or withdraw funding entirely. This unstable dynamic was operating in full force around the time of the near failure of Bear Stearns in March 2008, and again during the worsening of the crisis in mid-September of that year. Classic panic-type phenomena occurred in other contexts as well. Early in the crisis, structured investment vehicles and many other asset-backed programs were unable to roll over their commercial paper as investors pulled back, and the programs were forced to draw on liquidity lines from banks or to sell assets. The resulting pressure on the bank liquidity providers, evident especially in the market for dollar-denominated loans in short-term funding markets, impeded the functioning of the financial system throughout the crisis. Following the Lehman collapse and the "breaking of the buck" by a money market mutual fund that held commercial paper issued by Lehman, both money market mutual funds and the commercial paper market were also subject to runs. More generally, during the crisis, runs of short-term uninsured creditors created severe funding problems for a number of financial firms, including several large broker-dealers and also some bank holding companies. In some cases, withdrawals of funds by creditors were augmented by "runs" in other guises--for example, by prime brokerage customers of investment banks concerned about the safety of cash and securities held at those firms or by derivatives counterparties demanding additional margin. Overall, the emergence of run-like phenomena in a variety of contexts helps explain the remarkably sharp and sudden intensification of the financial crisis, its rapid global spread, and the fact that standard market indicators largely failed to forecast the abrupt deterioration in financial

conditions. The multiple instances of run-like behavior during the crisis, together with the associated sharp increases in liquidity premiums and dysfunction in many markets, motivated much of the Federal Reserve's policy response. Bagehot advised central banks--the only institutions that have the power to increase the aggregate liquidity in the system--to respond to panics by lending freely against sound collateral. Following that advice, from the beginning of the crisis, the Fed, like other major central banks, provided large amounts of short-term liquidity to financial institutions, including primary dealers as well as banks, on a broad range of collateral. Reflecting the contemporary institutional environment, it also provided backstop liquidity support for components of the shadow banking system, including money market mutual funds, the commercial paper market, and the asset-backed securities markets. To be sure, the provision of liquidity alone can by no means solve the problems of credit risk and credit losses, but it can reduce liquidity premiums, help restore the confidence of investors, and thus promote stability. It can also reduce panic-driven credit problems in cases in which such problems result from price declines during liquidity-driven fire sales of assets. The pricing of the liquidity facilities was an important part of the Federal Reserve's strategy. Rates could not be too high; to have a positive effect, and to minimize the stigma of borrowing, the facilities had to be attractive relative to rates available (or nominally available) in illiquid, dysfunctional markets. At the same time, pricing had to be sufficiently unattractive that borrowers would voluntarily withdraw from these facilities as market conditions normalized. This desired outcome in fact occurred: By early 2010, emergency lending had been drastically reduced, along with the demand for such lending. The Federal Reserve's responses to the failure or near failure of a number of systemically critical firms reflected the best of bad options, given the absence of a legal framework for winding down such firms in an orderly way in the midst of a crisis--a framework that we now have.

However, those actions were, again, consistent with the Bagehot approach of lending against collateral to illiquid but solvent firms. The acquisition of Bear Stearns by JPMorgan Chase was facilitated by a Federal Reserve loan against a designated set of assets, and the provision of liquidity to AIG was collateralized by the assets of the largest insurance company in the United States. In both cases the Federal Reserve determined that the loans were adequately secured, and in both cases the Federal Reserve has either been repaid with interest or holds assets whose assessed values comfortably cover remaining loans. To say that the crisis was purely a liquidity-based panic would be to overstate the case. Certainly, an important part of the resolution of the crisis involved assuring markets and counterparties of the solvency of key financial institutions, and that assurance was provided in significant part by the injection of capital, including public capital, and the issuance of guarantees--measures not available to the Federal Reserve. In these respects, the Treasury-managed Troubled Asset Relief Program and the FDIC's Temporary Liquidity Guarantee Program played critical roles. As I have noted, the Federal Reserve did help restore confidence in the solvency of the banking system by leading the stress tests of the 19 largest U.S. bank holding companies in the spring of 2009. These stress tests, which were both rigorous and transparent, helped make it possible for the tested banks to raise $120 billion in private capital in the ensuing months. The response to the panic also involved an extraordinary amount of international consultation and coordination. Following a key meeting of the Group of Seven finance ministers and central bank governors in Washington on October 10, 2008, the governments of other industrial countries took strong measures to stabilize key financial institutions and markets. Central banks collaborated closely throughout the crisis; in particular, the Federal Reserve undertook swap agreements with 14 other central banks to help ensure adequate dollar liquidity in global markets and thus keep credit flowing to U.S. households and businesses.

Conclusion

The financial crisis of 2007-09 was difficult to anticipate for two reasons: First, financial panics, being to a significant extent self-fulfilling crises of confidence, are inherently difficult to foresee. Second, although the crisis bore some resemblance at a conceptual level to the panics known to Bagehot, it occurred in a rather different institutional context and was propagated and amplified by a number of vulnerabilities that had developed outside the traditional banking sector. Once identified, however, the panic could be addressed to a significant extent using classic tools, including backstop liquidity provision by central banks, both here and abroad. To avoid or at least mitigate future panics, the vulnerabilities that underlay the recent crisis must be fully addressed. As you know, this process is well under way at both the national and international levels. I will have to leave to another time a discussion of the extensive changes in regulatory frameworks, as well as the changes in the Federal Reserve's own organization and practices, that have been or are being put in place. Instead, I will close by noting that the events of the past few years have forcibly reminded us of the damage that severe financial crises can cause. Going forward, for the Federal Reserve as well as other central banks, the promotion of financial stability must be on an equal footing with the management of monetary policy as the most critical policy priorities.

Notes
- See Ben S. Bernanke (2010), "Causes of the Recent Financial and Economic Crisis," statement before the Financial Crisis Inquiry Commission, Washington, September 2 - According to the Federal Reserve's statistical release "Flow of Funds Accounts of the United States," the value of real estate held by households fell from $22.7 trillion in the first quarter of 2006 to $20.9 trillion in the fourth quarter of 2007 (down 8.1 percent from the first quarter of 2006). It then declined to $18.5 trillion in the third quarter of 2008 (down 18.6 percent from the first quarter of 2006) and to $16.0 trillion in the fourth quarter of 2011 (down 29.7 percent from the first quarter of

2006). The stock market wealth of U.S. households peaked at $18.1 trillion in the first quarter of 2000 and fell $6.2 trillion to $11.9 trillion through the third quarter of 2001. After a short-lived recovery, stock market wealth bottomed at $9.9 trillion in the third quarter of 2002. Overall, stock market wealth fell $8.3 trillion (or 46 percent) between its peak in the first quarter of 2000 and its trough in the third quarter of 2002. - See Walter Bagehot ([1873] 1897), Lombard Street: A Description of the Money Market (New York: Charles Scribner's Sons). The classic theoretical analysis of "pure" banking panics is in Douglas W. Diamond and Philip H. Dybvig (1983), "Bank Runs, Deposit Insurance, and Liquidity," Journal of Political Economy, vol. 91 (3), pp. 401-19). Note that the term "panic" does not necessarily imply irrational behavior on the part of depositors or investors; it is perfectly rational to participate in a run if one fears that the bank will be forced to close. However, the collective action of many depositors or investors can lead to outcomes that are undesirable from the point of view of the economy as a whole. Return to text - For an analysis of the determinants of runs on money market mutual funds during the crisis, see Patrick McCabe (2010), "The Cross Section of Money Market Fund Risks and Financial Crises," Finance and Economics Discussion Series 2010-51 (Washington: Board of Governors of the Federal Reserve System, September). - Prime brokers provide a variety of services for hedge funds and other sophisticated institutional investors. Their services include clearing of trades, financing of long securities positions, and borrowing of securities to facilitate the establishment of short positions. Return to text

UBS launches education initiative to mark its 150th anniversary
UBS is marking its 150th anniversary with the launch of a broad-based international education initiative. Its main focus will be the establishment of the UBS International Center of Economics in Society at the University of Zurich. Five additional fields of education will be supported through the funding of projects for different age groups with the goal of strengthening Switzerland's reputation as a location for education and business. Switzerland's economic success is due in large part to its attractive operating environment and its outstanding education system. Education will continue to be Switzerland's most important resource. UBS has decided to mark its 150th anniversary by launching a broad-based international education initiative. This will be made up of six distinct elements and is aimed at primary and high school students, university students, academics, entrepreneurs and people over 50. For UBS, this represents a sustainable, long-term investment in the future of Switzerland as an education and business location. Collaboration with the University of Zurich enables top-flight research The core of the UBS education initiative will be the creation of the UBS International Center of Economics in Society at the University of Zurich, which will be led by Professor Ernst Fehr. UBS will support the establishment of up to five chairs, the first of which will be endowed in 2012, at the Department of Economics of the University of Zurich. These chairs will facilitate cutting-edge research into issues related to economics and financial markets, covering a wide range of subjects and promoting interdisciplinary research.

The UBS International Center will emphasize the practical application of knowledge by combining world-class research and entrepreneurial thinking. Kaspar Villiger, Chairman of UBS's Board of Directors, commented, "The UBS International Center of Economics in Society is a unique educational project within Switzerland that will have outstanding international reach. We are particularly proud to be working in partnership with Professor Ernst Fehr, one of the most renowned economists of our time, on this project. Under his leadership and guidance, the Department of Economics at the University of Zurich has long been regarded as one of the top European institutions in the field of economics."

Wide range of education projects
In addition to the partnership with the University of Zurich, the education initiative includes projects for the following stages of education:

Primary and high school
Enhanced support for Explore-it, a platform that enables up to 20,000 primary school students to develop a greater interest in various scientific topics. The funds provided by UBS will be used to extend the project nationwide and develop innovative teaching and learning materials. With this expanded support, UBS will become the main sponsor of Explore-it. Extension of UBS's current partnership with the Young Enterprise Switzerland (YES) organization, which organizes educational projects for young people jointly with businesses, schools and the government. This initiative is designed to teach young people to apply collaborative thinking, demonstrate entrepreneurialism and present themselves as confident and persuasive. With this extended commitment under the education initiative, UBS will become the new main sponsor of YES.

Apprenticeships

Creation of 150 additional apprenticeship positions within Switzerland over the next five years. The annual number of apprentices will increase by about 10%. UBS today employs approximately 900 apprentices making it one of the largest private employers of apprentices in Switzerland.

Internships
Creation of 150 additional internship positions around the world for students over the next three years as part of a special anniversary program. This program targets students at the beginning of their academic career.

Entrepreneurs
Support for Genilem, an independent association that supports innovative businesses during their start-up phase. Genilem analyzes the business plans of start-up companies and also provides a network of mentors and partners, specialized training for budding entrepreneurs and professional long-term coaching which will last for a three-year period. UBS will also provide its own expert mentors and coaches for this initiative. Support for the non-profit foundation KMU Next, which provides SMEs and micro-enterprises with the tools they need for the successful transfer or acquisition of companies. UBS will become a member of the foundation and a special advisor on succession management topics, an area of particular expertise.

People over 50
Support for the Passerelle 50plus project run by Switzerland's Speranza foundation. The project supports jobseekers over the age of 50 in finding suitable employment in the open job market. UBS has been a donor to the Speranza foundation for some years now. Additional funds from the UBS education initiative will be used to support and promote the activities of Passerelle 50plus across

Switzerland.

Support for Zeitmaschine.TV, a project for encouraging inter-generational dialog.
The UBS education initiative will provide support to expand this showcase project and make it available to a larger number of school students. UBS will provide information on these specific educational projects at regular intervals and an inaugural symposium will be held at the UBS International Center of Economics in Society this autumn. Lukas Gähwiler, CEO UBS Switzerland, and Markus Diethelm, Group General Counsel, will act as ambassadors for this major commitment, developing the initiative and driving it forward. For Group CEO Sergio P. Ermotti, the education initiative represents a unique opportunity: "Education will become Switzerland's greatest resource as it competes in the global arena, and this is especially true in the service sector. That's why it was important to us to include a wide range of projects in the UBS education initiative which will benefit different age groups as well as showing UBS's commitment to Switzerland to our clients and employees and the general public." For further information on the UBS Education Initiative, visit www.ubs.com/learn

18 April 2012

Speech by the Chancellor of the Exchequer, Rt Hon George Osborne MP, at the City of London RMB launch event
I am delighted to be here today to celebrate London as a centre for international Renminbi (RMB) business. This is a significant moment. This morning, we saw the launch of the first RMB bond outside of Chinese sovereign territories. And it happened here in London. This builds on the progress London has already made toward becoming the western hub for RMB. By the end of last year, the volume of RMB deposits in London had already reached 109bn RMB – equivalent to around 11bn pounds, of which 35bn RMB – around 3.5bn pounds - are customer deposits. The annual trading volume in offshore RMB bonds had reached 28 billion RMB – around 3 billion pounds. And London already represents 26% of the global offshore RMB spot forex market – the majority is based in Hong Kong. This is a market which grew by over 80% last year. Let me be clear – London is not in competition with Hong Kong, it is a complement – providing a Western hub for RMB business. These developments are the culmination of a team effort by global banks with operations in London and Hong Kong, strongly supported by the UK, mainland Chinese and Hong Kong Authorities. A year ago, when Vice Premier Wang Qishan met with me and my team here in London for the Economic and Financial Dialogue, the British and Chinese Governments set out a joint communiqué welcoming private sector interest in developing the offshore RMB market in London. The Hong Kong Authorities’ announced at the end of the year their intention to extend the operating hours of the Hong Kong RMB

payments system, making it easier for RMB transactions to be settled in London. I want to commend the Hong Kong authorities on their pioneering work in developing the international RMB market. In January, at the Asia Financial Forum, Norman Chan, the Chief Executive of the Hong Kong Monetary Authority, and I announced the launch of the London-Hong Kong private-sector forum, to be facilitated by HM Treasury and the Hong Kong Monetary Authority. The growth of its exciting new RMB business is a natural development for this great city of London. London has a long history of global financial inventiveness - from founding the first organised market for insurance for trading around the world hundreds of years ago, to the development of the Eurodollar markets through the 1960s, 70s and 80s, and global foreign equities trading in more recent times. RMB trading is the next step along a 400 year road. And it is natural that when Chinese banks look westwards, they choose London as the hub for RMB in the West, given London’s pre-eminence as a financial centre, and its expertise in areas such as foreign exchange and bond issuance. It’s an important reminder to us in the UK that – while, of course, there are vital questions we need to answer about how we protect taxpayers from banks that are too big to fail, and that we need to ensure the British economy has other strings to its bow as well as financial services – we should have the confidence to look not only at the problems, but also celebrate our successes. London is the world’s pre-eminent financial centre, and it’s actually becoming more successful. Only last month, London retained its position at top of the Global Financial Centres competitiveness Index. In fact, we were the only one of the top five financial centres which had increased its competitiveness since the previous year.

Here in London, we are currently undertaking Europe’s largest infrastructure project – Crossrail – which will provide even better transport links to the City.
We’ve taken the difficult but right decision to make our tax system more competitive – cutting corporation tax rates to 24% from this month

to among the lowest in the developed world. And we’re taking the controversial but necessary decision to reduce the top rate of income tax from next year. Today’s event emphasises that we are not prepared to let anyone steal a march on us in terms of new products and new markets. We are the natural home in the West for those who want to invest in the Chinese economic success story. The increasing international use of RMB is an important development for China and for the World Economy. The growth of the Chinese economy has been quite remarkable. We all know the statistics. China has experienced growth of around 10% a year for the last 30 years. In a generation, China’s middle class is forecast to be over three times the size of that of the whole of Western Europe combined. And it is the strength of Asia’s economy which means that despite turbulent times for the world economy, global growth in this decade and the next will be higher than the past 30 years. But this growth has so far not been matched by the increase in the international use of its currency, so it is clear that the substantial expansion of RMB will be one of the major developments in global markets in the coming decades. Extension of the market to the Western time zone is a crucial part of its expansion. It is the ambition of the British Government to make London a Western hub for the sector – with all the benefits that this will bring to our own economy. And what’s so special about today is that not only does it mark the launch of the first RMB bond outside of outside mainland China and Hong Kong. Today, we also mark the official launch of the City of London initiative on London as a centre for RMB business. I want to thank Stuart Fraser, and the City of London Corporation Steering Committee and Expert Advisory Group for their hard work and leadership in getting to this point today.

The involvement of companies like Bank of China, Barclays, Deutsche Bank, HSBC and Standard Chartered will provide the depth of experience on technical, infrastructure and regulatory issues that are needed to develop the market. Its first output – the Bourse Consult’s report into London’s capabilities as an offshore RMB centre - is a demonstration of this expertise, providing a clear direction for the market’s future development. It’s taken a lot of hard work from people in this room. But today is not the end of the process; it’s the beginning. I hope that other major European banks and corporate will follow today’s lead, and that we will see Chinese institutions and corporations issuing RMB bonds in the London market in the very near future. In the coming decades, it is China that will act as one of the great powerhouses of the world economy. By acting as a bridge between East and West, we can secure London’s position as the leading financial centre in the years to come – securing growth and prosperity for Britain.

Note for (really new) members What is the City of London?
The City of London provides local government and policing services for the financial and commercial heart of Britain, the 'Square Mile'. It is committed to supporting and promoting 'The City' as the world leader in international finance and business services through the policies it pursues and the high standard of services it provides. Its responsibilities extend far beyond the City boundaries in that it also provides a host of additional facilities for the benefit of the nation. These range from open spaces such as Epping Forest and Hampstead Heath to the famous Barbican Arts Centre. The City of London combines its ancient traditions and ceremonial functions with the role of a modern and efficient local authority, looking after the needs of its residents, businesses and over 320,000 people who come to work in the 'Square Mile' every day. Among local authorities the City of London is unique; not only is it the oldest in the country but it operates on a non-party political basis

through its Lord Mayor, Aldermen and members of the Court of Common Council. The Lord Mayor in particular plays an important diplomatic role with his overseas visits and functions at the historic Guildhall and Mansion House for visiting heads of State. In addition to the usual services provided by a local authority such as housing, refuse collection, education, social services, environmental health and town planning, the City of London performs a number of very special functions. It runs its own police force and the nation's Central Criminal Court, the Old Bailey. It provides five Thames bridges, runs the quarantine station at Heathrow Airport and is the Port Health Authority for the whole of the Thames tidal estuary. Three premier wholesale food markets (Billingsgate, Spitalfields and Smithfield) which supply London and the South East with fresh produce also belong to the City of London. Many of these services are funded from the City of London's own investments at no cost to the public. The City of London is committed to an extensive programme of activities designed to assist its neighbours to combat social deprivation so that they can benefit from the wealth the 'Square Mile' generates. Staff and members of the City of London have, through centuries of careful stewardship, ensured that the 'Square Mile' has continued to thrive. Today's City of London, through its philosophy of sustainable development, aims to share these benefits with future generations of residents, businesses and workers.

Joint Press Release
Board of Governors of the Federal Reserve System Commodity Futures Trading Commission Federal Deposit Insurance Corporation Office of the Comptroller of the Currency Securities and Exchange Commission

April 19, 2012

Volcker Rule Conformance Period Clarified
The Federal Reserve Board announced its approval of a statement clarifying that an entity covered by section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act, or the so-called Volcker Rule, has the full two-year period provided by the statute to fully conform its activities and investments, unless the Board extends the conformance period. Section 619 generally requires banking entities to conform their activities and investments to the prohibitions and restrictions included in the statute on proprietary trading activities and on hedge fund and private equity fund activities and investments. Section 619 required the Board to adopt rules governing the conformance periods for activities and investments restricted by that section, which the Board did on February 9, 2011. Subsequently, the Board received a number of requests for clarification of the manner in which this conformance period would apply and how the prohibitions will be enforced. The Board is issuing this statement to address this question. The Board’s conformance rule provides entities covered by section 619 of the Dodd-Frank Act a period of two years after the statutory effective date, which would be until July 21, 2014, to fully conform their activities and investments to the requirements of section 619 of the Dodd-Frank Act and any implementing rules adopted in final under that section, unless that period is extended by the Board.

The Board, the Office of the Comptroller of the Currency, the Federal Deposit Insurance Corporation, the Securities and Exchange Commission, and the Commodity Futures Trading Commission (the agencies) plan to administer their oversight of banking entities under their respective jurisdictions in accordance with the Board’s conformance rule and the attached statement. The agencies have invited public comment on a proposal to implement the Volcker rule, but have not adopted a final rule. The statement is included in the attached Federal Register notice, publication of which is expected shortly. _______________________________________________________

Statement of Policy Regarding the Conformance Period for Entities Engaged in Prohibited Proprietary Trading or Private Equity Fund or Hedge Fund Activities
On February 9, 2011, the Board issued its final rule to implement the provisions of section 619 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank Act”) that grant banking entities and nonbank financial companies supervised by the Board a period of time to conform their activities and investments with the prohibitions and restrictions imposed by that section on proprietary trading activities and on hedge fund and private equity funds activities. Subsequently, the Board received a number of requests for clarification of the manner in which this conformance period would apply to various activities and investments covered by the requirements of section 619 of the Dodd-Frank Act. The Board is issuing this interpretation to address this question. As more fully explained in this statement, the Board confirms that banking entities by statute have two years from July 21, 2012, to conform all of their activities and investments to section 619, unless that period is extended by the Board. During the conformance period, banking entities should engage in good-faith planning efforts, appropriate for their activities and investments, to enable them to conform their activities and investments to the requirements of section 619 and final implementing rules by no later than the end of the conformance period. This may include complying with reporting or recordkeeping requirements if such elements are included in the final rules implementing section 619 and the agencies determine such actions are required during the conformance period.

Background
Section 619 of the Dodd-Frank Act added a new section 13 to the Bank Holding Company Act (“BHC Act”) that imposes certain prohibitions and requirements on a banking entity and a nonbank financial company supervised by the Board that engages in proprietary trading and has certain interests in, or relationships with, a hedge fund or private equity fund (each a “covered fund”). As required by section 13(b)(2) of the BHC Act, the Board, the Office of the Comptroller of the Currency (“OCC”), Federal Deposit Insurance Corporation (“FDIC”), and Securities and Exchange Commission (“SEC”) in October 2011 invited the public to comment on proposed rules implementing that section’s prohibitions and requirements. The period for filing public comments on this proposal was extended for an additional 30 days, until February 13, 2012. On January 11, 2012, the CFTC requested comment on a substantially similar proposed rule to implement section 13 of the BHC Act and invited public comment through April 16, 2012. Section 13(c)(6) of the BHC Act required the Board, acting alone, to adopt rules regarding the conformance periods for activities and investments restricted by section 13. The Board issued its final conformance rule (“Conformance Rule”) on February 9, 2011.

Board Guidance
After adoption by the Board of the Conformance Rule, a number of commenters on the interagency proposed rules to implement section 13 requested advice regarding the period of time a banking entity would have to conform its activities and investments to the requirements of section 13 and the implementing rules and whether certain activities would be prohibited prior to the expiration of the conformance period. In particular, commenters sought confirmation that the Conformance Rule would allow a banking entity the full period permitted by statute to conform all of its investments and activities to section 13 and the final implementing rules. In addition, commenters sought confirmation that activities conducted and investments made during the conformance period would not be subjected to the requirements of the implementing rules during the conformance period. Section 13 of the BHC Act generally provides that, unless the period for

conformance is extended by the Board, a banking entity must conform its activities and investments to the prohibitions and requirements of that section and any final implementing rules no later than 2 years after the statutory effective date of section 13. The effective date of section 13 is July 21, 2012. As noted in the issuing release for the Conformance Rule and the legislative history of section 13, the conformance period for banking entities is intended to give markets and firms an opportunity to adjust to the prohibitions and requirements of that section and any implementing rules adopted by the agencies. Consistent with this purpose and the statute, the Conformance Rule provides each banking entity with a period of 2 years after the effective date of section 13 (i.e., until July 21, 2014) in which to fully conform its activities and investments to the prohibitions and requirements of section 13 and the final implementing rules, unless that period is extended by the Board (the “conformance period”). The Conformance Rule also provides a nonbank financial company supervised by the Board with 2 years after the date the company becomes a nonbank financial company supervised by the Board to comply with any applicable requirements of section 13 of the BHC Act, including any applicable capital requirements or quantitative limitations adopted thereunder, unless that period is extended by the Board. Under the Conformance Rule, all proprietary trading activity conducted by each banking entity must conform to the prohibitions and requirements of section 13 of the BHC Act and any final implementing rules by no later than the end of the conformance period. Similarly, all activities, investments and transactions with or involving a covered fund, including a covered fund organized and offered or sponsored by the banking entity, must conform to section 13 of the BHC Act and final implementing rules by no later than the end of the relevant conformance period. During the conformance period, every banking entity that engages in an activity or holds an investment covered by section 13 is expected to engage in good-faith efforts, appropriate for its activities and investments, that will result in the conformance of all of its activities and investments to the requirements of section 13 of the BHC Act by no later than the end of the conformance period. This includes evaluating the extent to which the banking entity is engaged in activities and investments that are covered by section 13 of the BHC Act, as well as developing and implementing a conformance plan that is as specific as possible about how the banking entity will fully

conform all of its covered activities and investments with section 13 of the BHC Act and any final implementing rules by July 21, 2014, unless that period is extended by the Board. These good-faith efforts should take account of the statutory provisions in section 13 of the BHC Act as they will apply to the activities and investments of the banking entity at the end of the conformance period as well as any applicable implementing rules adopted in final by the primary financial regulatory agency for the banking entity. Good-faith conformance efforts may also include complying with reporting or recordkeeping requirements if such elements are included in the final rules implementing section 13 of the BHC Act and the agencies determine such actions are required during the conformance period. Nothing in this guidance restricts in any way the authority of any agency to use its supervisory or other authority to limit any activity the agency determines to be unsafe or unsound or otherwise in violation of law.

Supervisory policies and bank deleveraging: a European perspective
Andrea Enria Chairperson European Banking Authority 21st Annual Hyman P. Minsky Conference on the State of the U.S. and World Economies Debt, Deficits and Financial Instability Ladies and gentlemen, This evening I would like to share with you some thoughts on the future landscape of the banking sector and discuss how policy makers could accompany the process of de-risking that banks are undertaking. I will present my assessment of what is currently happening in the EU banking sector and what we expect may happen over the next years. In particular, I will try to address three questions. 1. The first question is whether we are heading towards a significant deleveraging in the EU banking sector. 2. The second one is whether adequate policy measures can ensure that this process occurs without major damage to the real economy. 3. The third question is whether macroprudential supervisory tools can be designed to prevent excessive leverage to be built up again in the future and operated in a smooth fashion when applied to cross-border business.

Do EU banks need to undertake a significant deleveraging process?
The financial crisis has its roots in multiple imbalances at the global level and has been triggered by the fall of asset prices. How a decline in asset value led to a major crisis at the global level has been vividly illustrated by Olivier Blanchard (2009) First, the underestimation of risks and disaster myopia, something not really new in prolonged periods of benign market conditions. Second, the difficulties to value some categories of assets and new financial products.

Third, the interconnections among financial institutions due to the growth of securitisation and globalisation. Finally, the increase of leverage, with financial institutions financing their portfolios “with less and less capital, thus increasing the rate of return of capital”. It is clear that the higher the leverage, the more likely it is that decline in asset values determines the depletion of capital. In fact, extensive research in this respect demonstrates that the procyclicality of leverage acts as amplification mechanism propagating adverse shocks to the real economy. Encouraged by a low-interest rate environment and by regulations lagging behind financial innovation, banks could boost the size of their balance sheets and activities. This process entailed the growth of trading activities and investment banking, but also of retail lending, primarily of residential mortgages. The main drivers of leveraging have been real estate and structured finance and, more generally, trading book activities. For 70 of the largest EU banks, the exposures in the “held for trading” and “available for sale” portfolios increased by 68 per cent between 2005 and 2008, with a sharp 24 per cent decrease in 2009. The different drivers were deeply interlinked and worked together, with optimism and the underestimation of risk contributing to banks’ excessive leverage. Leveraging up was considered as a legitimate strategy to maximise earnings and, thus, to satisfy the search for yield of market investors. Indeed, until 2007, the banking sector experienced profitability levels well above any other economic sector and banks reported returns on equity exceeding their normalised earnings capacity on a risk-discounted basis. Since 2007, confronted with an unprecedented financial crisis, banks have shifted to liability-driven strategies: obtaining the necessary funding in the form of deposits or of market resources became the paramount strategic goal. Both in the US and the EU, deleveraging was seen as part of a necessary adjustment to remove excess capacity and restructure balance sheets, and to set the basis for a more stable and sound banking sector.

Indeed, empirical research suggests that some deleveraging is unavoidable after a crisis: according to the BIS (2010), debt reduction followed 17 out of 20 banking crises that were preceded by a surge in credit. However, the response to the crisis has been diverse on the two sides of the ocean. While US banks have reduced their leverage and reliance on wholesale funding, until recently, European banks remained, on average, more reliant on wholesale funding and leverage levels – while decreasing – remained comparatively high. This makes the EU banking sector more prone to structural and cyclical deleveraging pressures. In the US, deleveraging has been significant. The figures on the level of leverage should be interpreted with great caution. There are in fact a few explanations for the difference between the US and the EU that are not linked to banks’ behaviour but rather to the local regulations and the characteristics of the financial markets. Let me provide some examples. First of all, off-balance sheet exposures – that are typically excluded from the computation of traditional leverage measures – are of different size across banks, with US investment banks being typically outliers. Moreover, and most importantly, accounting rules may hamper the comparison, as measures of leverage differ to a significant extent under US GAAP and IFRS standards. Finally, after the freeze in the securitisation market, European banks have further developed the practice of funding mortgages through covered bonds. Therefore, European banks keep mortgage exposures in their balance sheets, as opposed to US banks, which can securitize and easily divest their mortgage portfolio, primarily via the Government Sponsored Entities (GSEs). Furthermore, other factors may explain why the change in banks’ leverage has been more pronounced in the US than in the EU.

In the US, it is easier for banks to sell assets due to the dis-intermediated structure of the financial sector, where capital markets play a pivotal role. Bank deleveraging is therefore structurally easier, but indebtedness is in fact transferred from banks to other players, often not subject to equally stringent regulations or not regulated at all. Also, as the crisis kicked-in, we have been witnessing aggressive reduction in indebtedness levels by both households and businesses in the US, which, so far, has not been the case in the euro zone. This suggests that demand factors also matter and that they are intertwined with the debt level of the private sector at the onset of the crisis. On the last point, the data provides a mixed picture. In the US, households confronted the crisis with higher debt levels than the euro-area ones. In 2007, the debt to disposable income ratio was about 140 per cent against 110 in the euro-area. The divide is even clearer looking at the mortgage to disposable income ratio (about 100 in the US per cent versus 60 in the euro-zone). In 2010, notwithstanding the debt reduction in the US, the ratio was still at 120 per cent. As for the corporate sector, in 2007, the leverage ratio (measured as the ratio of financial debt to financial debt plus capital) was about 30 per cent in the US compared to 37 in the euro-area (35 and 42 per cent respectively in 2010). It is also fair to acknowledge that deleveraging has been prevalent at financial institutions – larger banks and brokers/dealers – that grew their balance sheets aggressively by increasing debt and assets in the upswing, a trend that has been more pronounced in the US. All these arguments point to a complex picture in deleveraging dynamics, but a simple fact still holds true: differently from their US peers, EU banks, until recently, had reduced their leverage almost exclusively through an increase in their capital levels, while the size of their balance sheets had remained almost unchanged – if anything, it had grown further (Charts 1 and 2).

For the top 10 banks, the tangible common equity ratio (the ratio between tangible equity and tangible assets) increased from 5.7 to 7.8 per cent between 2005 and 2011. In the EU, the same ratio shifted from 3.4 to 4.5 percent for the 70 banks participating in the EBA recapitalisation exercise.

All this has changed with the bursting of the sovereign debt crisis in the euro area. Strong pressure for deleveraging emerged in Europe during the final quarter of 2011, with the freeze of the markets for medium and long term bank funding.

While this has been a source of concern, at this stage, there is no evidence that the deleveraging process has become excessive or disorderly, with disruptive consequences on the real economy. According to the BIS (2012), European banks offered for sale a significant volume of assets, mostly those with higher risk-weights, including low-rated securitised assets, distressed bonds and commercial property. In the last quarter of 2011, credit to non-bank private-sector borrowers in the euro-zone fell by around 0.5 per cent, while exposures towards non-euro-area residents declined by almost 4 per cent. The home/regional bias in deleveraging is partly the result of banks’ deleveraging pecking order and partly of difficulties in the US dollar funding, which remained more expensive and less readily available than home-currency funding for many European banks due to the reduction of prime money market funds’ exposure to euro area banks. I would suggest some of the rationales for bank deleverage in the EU. Funding shortages have been certainly a key driver. We have all witnessed the dramatic market funding freeze during the second half of last year for EU banks, alleviated some months ago by new regulatory and policy initiatives, primarily the ECB’s 3-year Long Term Refinancing Operations (LTRO), but also state guarantees for new bank bonds. EU banks are now facing longer-term challenges and deleveraging is the way for aligning the business model to markets’ expectations and to the incentives posed by regulatory changes. Unquestionably, there is a need for de-risking, bringing leverage to more conservative levels. Indeed, a number of European banks have not yet completed the clean-up of their balance sheets and shedding of legacy assets. In addition, those banks that received public support are required under EU State aid regulation to dismiss part of their business to minimize competitive distortions. Banks may also need to rethink their involvement in investment banking and related activities as well as attempt to reduce their dependence on less stable sources of funding – such as short-term wholesale financing – as a response to the new rules introduced by Basel 2.5 and 3.

Hence, my answer to the first question is that the EU has avoided so far a disordered deleveraging process driven by a massive funding squeeze, thanks in particular to the actions taken by the European Central Bank. But a downsizing of banks’ balance sheets has started and has to take place, in order to unravel some of the processes that have triggered the financial crisis. This is necessary to bring banks back to sounder and more stable business models. Several estimates have been put forward by analysts on the likely dimension of this deleveraging process. I don’t think regulators should have a view on the overall size of the adjustment, but they should be aware that there is still some way to go and they should keep putting pressure on banks to complete the repair of their balance sheets.

What policy actions to avoid negative repercussions on the real economy?
A recurrent theme in the recent debate has been the claim of the banking industry that the regulatory reforms would have a major adverse impact on growth and employment. Deleveraging has often been characterised as “bad”, as implying reduced flows of lending into the real economy. But deleveraging could be both “bad” and “good”, simply because reducing the size of different components of a bank’s balance sheet can have different impacts. The point is whether we can disentangle possible trajectories for deleveraging and deploy policies that favour an orderly deleveraging process, which does not hurt growth prospects. For example, deleveraging is welcome when it entails dismissing or writing down troubled assets accumulated by banks before the crisis. In most post-crises periods, we have witnessed a massive deleveraging process, which often is simply reflecting the cleaning of the banks’ balance sheets. The size of banks’ balance sheets shrinks simply because losses are recognised and accounting values revised downwards. This process has no adverse real impact, as it does not change in any way the amount of loans.

On the contrary, there is a good amount of evidence that if residual credit risk is not recognised and dealt with, it is likely that the economy remains in a prolonged period of stagnation associated with a failure to address non-performing assets. Forbearance can be a force for good where a loan has a reasonable prospect of an imminent return to performance. However, it can be pernicious for both the borrower and the lender to maintain non-performing loans on balance sheets for prolonged periods. When a universal bank with extensive activities in both investment and wholesale banking on the one hand, and retail and commercial banking on the other hand, decides to de-risk away from market activities, the investment banking/trading portion of the balance sheet will naturally shrink. This may in fact be a good thing insofar as de-risking is concerned, and indeed some regulators required banks to do that at the height of the crisis. On the other hand, indiscriminately cutting lending to the real economy may lead to an economic slowdown and possibly to a credit crunch. And I include here not only lending to the domestic economy by the parent bank but also real economy lending in other countries where the bank has subsidiaries. This is a very sensitive issue in the EU where, for instance, subsidiaries of Western EU banks play a major role in Central and Eastern Europe. Disentangling good and bad deleveraging is part of the usual dilemma for policy makers during a crisis. On the one hand, there is the willingness to prevent a sharp contraction in credit supply to firms and households and, in turn, negative repercussion on economic growth. On the other, some adjustments and repairs in banks’ balance sheets are vital to restore the confidence in the financial sector and restart credit markets. And the Japanese experience warns us that forbearance – late recognition of losses, delayed restructuring of balance sheets, deferred capital raising – can produce harmful consequences. Tang and Upper (2010) remind us of this lesson: “fix the banking system first”.

It has been noted that “getting rid of the non-strategic assets that

normally hang around after a long merger-wave […] is a responsibility of individual banks and their senior management, but moral persuasion from regulators and governments is also needed. Managers and directors can have a vested interest in preserving the present size, which can make it easier to extract private benefits and pursue rent-seeking behaviour”.
In that respect, we should welcome the fact that the waterfall of deleveraging is also driven by regulation. This leads me to the second question.

What policy actions can be set up to ensure that only good deleverage takes place?
The first element of the policy toolkit should be an incentive-compatible regulation. If rules are properly designed, the cost in terms of capital and liquidity requirements of holding riskier assets is higher, providing the right incentives to what I called good deleveraging. And I assume there is still agreement on the fact that certain activities have contributed more than others to the build-up of vulnerabilities in banks’ balance sheets. For example, deleveraging trading and investment assets is the consequence of a more demanding regulatory framework – Basel 2.5 and 3 and the Dodd-Frank Act – that affects primarily market risk and trading book exposures. The second element is to put banks in the condition to keep granting credit to the economy. In Europe, the initiatives for restoring market confidence have been incisive. The operations to support liquidity approved by the European Central Bank have alleviated the pressure on bank funding, even though restoring the access to private markets for long term funds remains an important policy objective. While easing funding pressures on banks was essential to avoid a disordered deleveraging process, policies need to be put in place that encourage banks to repair their balance sheet and strengthen their capital position.

The EBA required banks to form a capital buffer that will enable them to reach a Core Tier 1 ratio of 9 per cent, after a prudent valuation of the banks’ sovereign exposures. This is a temporary and exceptional buffer to address the systemic risk arising from the sovereign debt crisis. In order to discourage banks from complying with the recommendation by simply curtailing lending, we laid down precise guidelines and asked the banks to submit plans for recapitalisation, describing the steps they intend to take in order to reach the required level of capital. Only a limited number of measures to reduce assets are allowed to meet our request: while it will be possible to transfer certain categories of activities to third parties – since this does not reduce the leverage of the system as a whole – reductions in lending will not determine any capital relief for banks, unless they occur within restructuring plans required by the EU and the IMF or per requested by supervisors. The plans submitted by banks – and currently being carried out under the scrutiny of national supervisory authorities and the EBA – are encouraging. The actions that banks intend to put in place for reaching the target capital level focus predominately on direct capital measures – issuance of new capital, retained earnings, conversion of hybrid instruments into common equity. Overall, direct capital measures cover 96 per cent of the shortfall. In a small number of cases reductions in lending into the economy are included in the plans. The majority of these deleveraging activities correspond to conditions laid out in EU State Aid rules or other official programmes to ensure appropriate restructuring and return to long term viability. In practice, less than 1 per cent of the total measures will be represented by decrease in lending. But let me turn to another important point. Over the last months, there has been some dispute on the role that supervisory pressure for strengthening capital levels played in the deleveraging process, particularly in the EU. In fact, asset deleverage has been primarily driven by a change in strategy and de-risking, reduced credit demand and funding constraints, much less by additional needs on the capital side.

In Europe, the deleveraging process began long before the EBA started to consider banks’ recapitalisation needs, and it was closely linked with the difficulties banks had in collecting funds on the market at a reasonable cost. On this, I want to be blunt: I do not believe that high levels of capital are a deterrent to new lending. On the contrary, banks with low capital levels – or perceived by the market as being so – are those that have had problems in increasing lending. They either face major funding difficulties – which, in turn, do not allow them to grant loans – or focus primarily on preserving their meagre capital. Banks with large capital positions, by contrast, are less sensitive to cyclical shocks and more likely to pursue lending growth strategies. Indeed, last September, the IMF warned that “a number of [European]

banks must raise capital to help ensure the confidence on their creditor and depositors.

Without additional capital buffers, problems in accessing funding are likely to create deleveraging pressures at banks, which will force them to cut credit to the real economy” and the European Systemic Risk Board
(ESRB) emphasised the need for coordinated efforts to strengthen EU banks’ capital.

The EBA’s recommendation for temporary capital buffers is consistent with the lessons learnt from previous crises and responds to the IMF and ESRB warnings and meets market expectations for higher capital levels. It has pushed a rebalancing of the deleveraging through a major increase in capital (€115bn) and, at the same time, it only allowed for good deleveraging. Going forward, supervisors need to maintain their focus on asset quality, making sure that residual credit risk is properly addressed and losses are fully recognised. This should also help driving market values and book values closer to each other, thus supporting the issuance of new equity. At the same time, supervisors need to work with banks to identify pathways to new and diverse sources of funding, with less reliance on short term wholesale funding than in the past.

This rebalancing in the funding models is a necessary component of a process that will lead banks to gradually exit from the extraordinary support measures provided by their central banks. An important component of this strategy could be supporting industry initiatives to re-establish a sound and well controlled market for securitisation. These actions on assets and funding should help banks refocusing their business models so that their activities are sustainable and reflect their areas of comparative advantage.

Which policy tools to prevent boom and bust cycles in integrated financial markets?
The final issue I want to tackle this evening is whether policy makers can reduce the probability of future boom and bust cycles devising effective preventive tools. The Basel 3 framework does envisage instruments that should contribute to smoothing the fluctuations in the financial sector. At the micro-prudential level, higher requirements in terms of quantity and quality of capital should structurally reduce banks’ risk-taking. In addition, the leverage ratio will set a ceiling to non-risk-weighted exposures in buoyant economic conditions. At the macro-prudential level, the countercyclical buffer regime will require banks to build-up capital cushions in good times – when risk is underestimated – to be deployed for covering losses when the cycle reverts and, thus, supporting the economy when this is most critical. The effectiveness of this toolkit in preventing excessive leveraging and abrupt deleveraging is still debated at the global level and, particularly in the EU, with some jurisdictions claiming that the current steps towards strengthening prudential rules may not be sufficient. In the EU, we are working for completing the implementation of Basel 3 in our legislation as soon as possible. Indeed, we realise that the breadth of the regulatory reform is such that it is producing some degree of uncertainty in the market place. Our priority is thus to reduce this uncertainty and provide an environment in which banks – and investors providing banks with the necessary funds – can again do their planning in a long term perspective.

What makes Europe – I believe – an interesting case study is the fact that we are committed to achieving a single rule-book for financial markets, that is a common set of fully harmonised rules that will be binding and directly enforceable in all EU Member States. While the single rule-book remains a shared goal, there is at the same time a call for greater flexibility at the national level, in order to favour the implementation of macroprudential policies. Undoubtedly, there are strong arguments in favour of some flexibility in the use of macroprudential instruments. First, systemic risk may materialise in different ways and no predetermined rules could address it. Second, since credit and economic cycles are not fully synchronised across EU countries and financial markets are still heterogeneous, Member States may necessitate some room for manoeuvre in the activation of policy measures. Third, the development of macroprudential instruments is still at an early stage and some flexibility may contribute to the learning-by-doing process. At the same time, the establishment of any flexible macroprudential framework in Europe should not jeopardise the Single Market. What happened during the crisis has warned us that the integration of financial and banking markets cannot be considered a permanent accomplishment if it is not underpinned by effective harmonization of the legal framework and its consistent application throughout the Union. We have all witnessed how the Single Market may well prosper when the economic cycle is upward, but it may well implode in downturn cycles if no coordinated responses are developed. We are currently witnessing a major retrenchment of banking business within national borders. Cross-border banking is significantly downsizing. The money market, which was the most integrated market since the introduction of the euro, has virtually disappeared and the limited signs of recovery in interbank transactions that materialised since the ECB’s LTRO are remaining mostly within national borders.

The deleveraging process is being driven by the requests of authorities to hold significant capital and liquidity levels in domestic markets and to refinance the local economy. At the moment, we are facing a high likelihood that the deleveraging process will occur with a segmentation of the Single Market in banking. This might well endanger its ultimate goal: wider and deeper financial markets offering better and more financing opportunities for real economies. This does not imply that no discretion should be left to the national authorities in shaping their macroprudential toolkit, but rather that this should happen under a coordinated approach based on strong ex-ante guidance and credible ex-post reviews of the measures adopted at the national level. The level of flexibility to be left to the macroprudential supervisors is also linked to the objectives that macroprudential policies are expected to achieve. And it is fair to acknowledge that there is no clear agreement on this. According to a first viewpoint, macroprudential policy plays primarily a passive role, complementing traditional microprudential supervision, which neglects the time-dynamics of credit markets, and ensuring that capital resources are adequately allocated across time, building reserves in good times that can be run-down when economic conditions deteriorate. The second perspective regards macroprudential tools as an effective and wide-ranging mechanism for leaning against the wind, i.e. for reducing banks’ incentives to expand credit and leverage in buoyant economic conditions, thus avoiding credit bubbles. While the two perspectives are not necessarily mutually exclusive, they have different consequences in terms of design and use of the policy tools. In the first case, they aim at being neutral and rule-based. Some discretion may be left to the policy maker, but it is typically residual. In the second case, much more discretion is needed and the policy maker is endowed with a significant degree of freedom in adapting the policies to the specific juncture.

In this case, however, it is crucial to preserve consistency in the activation of macroprudential tools and to avoid unintended consequences when they interact with microprudential tools. In a nutshell, greater discretion needs to be balanced with some pre-agreed principles on how discretion can (or cannot) be exercised. The functioning of the countercyclical buffer – a key element of the Basel 3 macroprudential toolbox – is a good example. As currently foreseen, national authorities will be given the possibility to activate additional buffers reflecting the conditions of the credit cycle in their jurisdiction. In Europe, the ex ante guidance, to be issued by the European Systemic Risk Board (ESRB), coupled with an effective ex post peer review process should guarantee that these tools do not alter the level playing field and are compatible with the single rulebook. The approach followed for designing such a tool could be followed also for the introduction of other components of the macroprudential suite. My answer to the initial question is therefore mixed. We have some tools – the leverage ratio and the countercyclical buffers – but we still do not have a well structured suite of macroprudential tools and specific rules of engagement for their employment. In addition, all measures have been focusing so far on the banking sector, while a sizeable share of the leveraging up of the system in the past was driven by other financial institutions. Looking at the implementation, we are running the risk to open a wide area for discretion in national supervisory implementation, with national policy makers – not only in Europe – potentially able to hide everything under the macroprudential umbrella. In that respect, a constrained discretion regime for macroprudential policies – along with harmonised microprudential rules and homogenous supervisory practices – is the only avenue for ensuring that the same sources of systemic risk are addressed in a consistent way across countries, levelling the playing field and reducing spill-over from less to more conservative jurisdictions. Systemic risk cannot anymore be contained within national borders and requires coordinated policy responses.

Conclusions
Today I tried to argue that a deleveraging process is needed in the banking sector.

It has already started, with a different pace in different areas of the global financial system. The first step has been the increase in capital levels, long overdue and one of the cornerstones of the regulatory reforms endorsed by the G20 Leaders. The second step implies a reduction in size of balance sheets, especially by addressing non-performing assets and de-risking in areas such as capital market activities and real estate lending, which grew too much in the run-up to the crisis. The third step entails a refocusing of business models, especially towards more stable funding structures and the gradual exit from the extraordinary support measures put in place by central banks. I have seen no compelling evidence supporting the industry’s argument that the regulatory reforms will bring about an unwarranted deleveraging process, badly hurting the real economy. On the contrary, I am convinced that without an ordered deleveraging process, through a significant strengthening of capital and a selective downsizing of asset levels, we would fail addressing the fragilities that are preventing banks from performing their fundamental functions. A point I acknowledge in the industry’s criticism is that in the path to the new equilibrium, authorities need to provide for regulatory certainty and close coordination of actions. Supervisors and central banks have to carefully coordinate their actions to accompany this process and make sure that it occurs in an orderly fashion, without hampering the continued flow of lending into the real economy. In particular, in deploying their armoury of tools, including the new macroprudential instruments, national authorities should avoid policies too narrowly focused on domestic objectives: if the deleveraging process is shaped by policies aimed at maintaining domestic assets while de-risking in foreign jurisdictions, we risk triggering a segmentation of financial markets that may well hamper growth and employment. This is particularly true in the euro area and the EU, but has a more general relevance for global financial markets. Thank you for your attention.

Dear Member, Crying is not a sign of weakness. You may let out your tears! Assuming full implementation of the Basel III requirements as of 30 June 2011, including changes to the definition of capital and risk-weighted assets, and ignoring phase-in arrangements, Group 1 banks would have an overall shortfall of €38.8 billion for the CET1 minimum capital requirement of 4.5%, which rises to €485.6 billion for a CET1 target level of 7.0% (ie including the capital conservation buffer); the latter shortfall already includes the G-SIB surcharge where applicable. As a point of reference, the sum of profits after tax prior to distributions across the same sample of Group 1 banks in the second half of 2010 and the first half of 2011 was €356.6 billion. Under the same assumptions, the capital shortfall for Group 2 banks included in the Basel III monitoring sample is estimated at €8.6 billion for the CET1 minimum of 4.5% and €32.4 billion for a CET1 target level of 7.0%. The sum of Group 2 bank profits after tax prior to distributions in the second half of 2010 and the first half of 2011 was €35.6 billion. Welcome to the Top 10 list.

NUMBER 1 Quantitative impact study results published by the Basel Committee, 12 April 2012
The Basel Committee published the results of its Basel III monitoring exercise. The study is based on rigorous reporting processes set up by the Committee to periodically review the implications of the Basel III standards for financial markets. A total of 212 banks participated in the study, including 103 Group 1 banks (ie those that have Tier 1 capital in excess of €3 billion and are internationally active) and 109 Group 2 banks (ie all other banks).

While the Basel III framework sets out transitional arrangements to implement the new standards, the monitoring exercise results assume full implementation of the final Basel III package based on data as of 30 June 2011 (ie they do not take account of the transitional arrangements such as the phase in of deductions). No assumptions were made about bank profitability or behavioural responses, such as changes in bank capital or balance sheet composition. For that reason the results of the study are not comparable to industry estimates. Based on data as of 30 June 2011 and applying the changes to the definition of capital and risk-weighted assets, the average common equity Tier 1 capital ratio (CET1) of Group 1 banks was 7.1%, as compared with the Basel III minimum requirement of 4.5%. In order for all Group 1 banks to reach the 4.5% minimum, an increase of €38.8 billion CET1 would be required. The overall shortfall increases to €485.6 billion to achieve a CET1 target level of 7.0% (ie including the capital conservation buffer); this amount includes the surcharge for global systemically important banks where applicable. As a point of reference, the sum of profits after tax and prior to distributions across the same sample of Group 1 banks in the second half of 2010 and the first half of 2011 was €356.6 billion. For Group 2 banks, the average CET1 ratio stood at 8.3%. In order for all Group 2 banks in the sample to meet the new 4.5% CET1 ratio, the additional capital needed is estimated to be €8.6 billion. They would have required an additional €32.4 billion to reach a CET1 target 7.0%; the sum of these banks' profits after tax and prior to distributions in the second half of 2010 and the first half of 2011 was €35.6 billion. The Committee also assessed the estimated impact of the liquidity standards. Assuming banks were to make no changes to their liquidity risk profile or funding structure, as of June 2011, the weighted average Liquidity Coverage Ratio (LCR) for Group 1 banks would have been 90% while the weighted average LCR for Group 2 banks was 83%.

The aggregate LCR shortfall is €1.76 trillion which represents approximately 3% of the €58.5 trillion total assets of the aggregate sample. The weighted average Net Stable Funding Ratio (NSFR) is 94% for both Group 1 and Group 2 banks. The aggregate shortfall of required stable funding is €2.78 trillion. Banks have until 2015 to meet the LCR standard and until 2018 to meet the NSFR standard, which will reflect any revisions following each standard's observation period. As noted in a January 2012 press statement issued by the Group of Governors and Heads of Supervision, the Basel Committee's oversight body, modifications to a few key aspects of the LCR are currently under investigation but will not materially change the framework's underlying approach. The Committee will finalise and subsequently publish its recommendations in these areas by the end of 2012. Banks that are below the 100% required minimum thresholds can meet these standards by, for example, lengthening the term of their funding or restructuring business models which are most vulnerable to liquidity risk in periods of stress. It should be noted that the shortfalls in the LCR and the NSFR are not additive, as reducing the shortfall in one standard may also reduce the shortfall in the other standard.

Results of the Basel III monitoring exercise as of 30 June 2011 April 2012 Executive summary
In 2010, the Basel Committee on Banking Supervision conducted a comprehensive quantitative impact study (C-QIS) using data as of 31 December 2009 to ascertain the impact on banks of the Basel III framework, published in December 2010. The Committee intends to continue monitoring the impact of the Basel III framework in order to gather full evidence on its dynamics. To serve this purpose, a semi-annual monitoring framework has been set up on the risk-based capital ratio, the leverage ratio and the liquidity metrics using data collected by national supervisors on a representative sample of institutions in each jurisdiction.

This report summarises the aggregate results of the latest Basel III monitoring exercise, using data as of 30 June 2011. The Committee believes that the information contained in the report will provide the relevant stakeholders with a useful benchmark for analysis. Information for this report was submitted by individual banks to their national supervisors on a voluntary and confidential basis. A total of 212 banks participated in the study, including 103 Group 1 banks and 109 Group 2 banks. Members’ coverage of their banking sector is very high for Group 1 banks, reaching 100% coverage for some jurisdictions, while coverage is comparatively lower for Group 2 banks and varied across jurisdictions. The Committee appreciates the significant efforts contributed by both banks and national supervisors to this ongoing data collection exercise. The report focuses on the following items: - Changes to bank capital ratios under the new requirements, and estimates of any capital deficiencies relative to fully phased-in minimum and target capital requirements (to include capital charges for global systemically important banks – G-SIBs); - Changes to the definition of capital that result from the new capital standard, referred to as common equity Tier 1 (CET1), including a reallocation of deductions to CET1, and changes to the eligibility criteria for Additional Tier 1 and Tier 2 capital; - Increases in risk-weighted assets resulting from changes to the definition of capital, securitisation, trading book and counterparty credit risk requirements; - The international leverage ratio; and - Two international liquidity standards – the liquidity coverage ratio (LCR) and the net stable funding ratio (NSFR). With the exception of the transitional arrangements for non-correlation trading securitisation positions in the trading book, this report does not take into account any transitional arrangements such as phase-in of deductions and grandfathering arrangements. Rather, the estimates presented assume full implementation of the final Basel III requirements based on data as of 30 June 2011.

No assumptions have been made about banks’ profitability or behavioural responses, such as changes in bank capital or balance sheet composition, since this date or in the future. For this reason the results are not comparable to current industry estimates, which tend to be based on forecasts and consider management actions to mitigate the impact, and incorporate estimates where information is not publicly available. The results presented in this report are also not comparable to the prior C-QIS, which evaluated the impact of policy questions that differ in certain key respects from the finalised Basel III framework. As one example, the C-QIS did not consider the impact of capital surcharges for global systemically important banks.

Capital shortfalls
Assuming full implementation of the Basel III requirements as of 30 June 2011, including changes to the definition of capital and risk-weighted assets, and ignoring phase-in arrangements, Group 1 banks would have an overall shortfall of €38.8 billion for the CET1 minimum capital requirement of 4.5%, which rises to €485.6 billion for a CET1 target level of 7.0% (ie including the capital conservation buffer); the latter shortfall already includes the G-SIB surcharge where applicable. As a point of reference, the sum of profits after tax prior to distributions across the same sample of Group 1 banks in the second half of 2010 and the first half of 2011 was €356.6 billion. Under the same assumptions, the capital shortfall for Group 2 banks included in the Basel III monitoring sample is estimated at €8.6 billion for the CET1 minimum of 4.5% and €32.4 billion for a CET1 target level of 7.0%. The sum of Group 2 bank profits after tax prior to distributions in the second half of 2010 and the first half of 2011 was €35.6 billion. Further details on additional capital needs to meet the Basel III requirements are included in Section 2.

Capital ratios
The average CET1 ratio under the Basel III framework would decline from 10.2% to 7.1% for Group 1 banks and from 10.1% to 8.3% for Group 2 banks.

The Tier 1 capital ratios of Group 1 banks would decline, on average from 11.5% to 7.4% and total capital ratios would decline from 14.2% to 8.6%. As with the CET1 ratios, the decline in other capital ratios is comparatively less pronounced for Group 2 banks; Tier 1 capital ratios would decline on average from 10.9% to 8.6% and total capital ratios would decline on average from 14.3% to 10.6%.

Changes in risk-weighted assets
As compared to current risk-weighted assets, total risk-weighted assets increase on average by 19.4% for Group 1 banks under the Basel III framework. This increase is driven largely by charges against counterparty credit risk and trading book exposures. Securitisation exposures, principally those risk-weighted at 1250% under the Basel III framework (which were previously 50/50 deductions under Basel II), are also a significant contributor to the increase. Banks that have significant exposures in these areas influence the average increase in risk-weighted assets heavily. As Group 2 banks are less affected by the revised counterparty credit risk and trading book rules, these banks experience a comparatively smaller increase in risk-weighted assets of only 6.3%. Even within this sample, higher risk-weighted assets are attributed largely to Group 2 banks with counterparty and securitisation exposures (ie those subject to a 1250% risk weighting).

Leverage ratio
The weighted average current Tier 1 leverage ratio for all banks is 4.5%. For Group 1 banks, it is somewhat lower at 4.4% while it is 5.0% for Group 2 banks. The average Basel III Tier 1 leverage ratio for all banks is 3.5%. The Basel III average for Group 1 banks is 3.4%, and the average for Group 2 banks is 4.2%.

Liquidity standards
Both liquidity standards are currently subject to an observation period which includes a review clause to address any unintended consequences prior to their respective implementation dates of 1 January 2015 for the LCR and 1 January 2018 for the NSFR.

Basel III monitoring results for the end-June 2011 reporting period give an indication of the impact of the calibration of the standards and highlight several key observations: A total of 103 Group 1 and 102 Group 2 banks participated in the liquidity monitoring exercise for the end-June 2011 reference period. The weighted average LCR for Group 1 banks is 90% while the weighted average LCR for Group 2 banks is 83%. The aggregate LCR shortfall is €1.76 trillion which represents approximately 3% of the €58.5 trillion total assets of the aggregate sample. The weighted average NSFR is 94% for both Group 1 and Group 2 banks. The aggregate shortfall of required stable funding is €2.78 trillion.

General remarks
At its 12 September 2010 meeting, the Group of Governors and Heads of Supervision (GHOS), the Committee’s oversight body, announced a substantial strengthening of existing capital requirements and fully endorsed the agreements it reached on 26 July 2010. These capital reforms together with the introduction of two international liquidity standards, delivered on the core of the global financial reform agenda presented to the Seoul G20 Leaders summit in November 2010. Subsequent to the initial comprehensive quantitative impact study published in December 2010, the Committee continues to monitor and evaluate the impact of these capital and liquidity requirements (collectively referred to as “Basel III”) on a semi-annual basis. This report summarises results of the latest Basel III monitoring exercise using 30 June 2011 data.

Scope of the impact study
All but one of the 27 Committee member jurisdictions participated in Basel III monitoring exercise as of 30 June 2011. The estimates presented are based on data submitted by the participating banks to national supervisors in reporting questionnaires in accordance with the instructions prepared by the Committee in September 2011. The questionnaire covered components of eligible capital, the calculation of risk-weighted assets (RWA), the calculation of a leverage

ratio, and components of the liquidity metrics. The results were initially submitted to the Secretariat of the Committee in October 2011. The purpose of the exercise is to provide the Committee with an ongoing assessment of the impact on participating banks of the capital and liquidity proposals set out in the following documents: - Revisions to the Basel II market risk framework and Guidelines for computing capital for incremental risk in the trading book; - Enhancements to the Basel II framework which include the revised risk weights for re-securitisations held in the banking book; - Basel III: A global framework for more resilient banks and the banking system as well as the Committee’s 13 January 2011 press release on loss absorbency at the point of non-viability; - International framework for liquidity risk measurement, standards and monitoring; and - Global systemically important banks: Assessment methodology and the additional loss absorbency requirement.

Sample of participating banks
A total of 212 banks participated in the study, including 103 Group 1 banks and 109 Group 2 banks. Group 1 banks are those that have Tier 1 capital in excess of €3 billion and are internationally active. All other banks are considered Group 2 banks. Banks were asked to provide data as of 30 June 2011 at the consolidated level. Subsidiaries of other banks are not included in the analyses to avoid double counting. Table 1 shows the distribution of participation by jurisdiction. For Group 1 banks members’ coverage of their banking sector was very high reaching 100% coverage for some jurisdictions. Coverage for Group 2 banks was comparatively lower and varied across jurisdictions.

Not all banks provided data relating to all parts of the Basel III framework. Accordingly, a small number of banks are excluded from individual sections of the Basel III monitoring analysis due to incomplete data.

Methodology
The impact assessment was carried out by comparing banks’ capital positions under Basel III to the current regulatory framework implemented by the national supervisor. With the exception of transitional arrangements for non-correlation trading securitisation positions in the trading book, Basel III results are

calculated without considering transitional arrangements pertaining to the phase-in of deductions and grandfathering arrangements. Reported average amounts in this document have been calculated by creating a composite bank at a total sample level, which effectively means that the total sample averages are weighted. For example, the average common equity Tier 1 capital ratio is the sum of all banks’ common equity Tier 1 capital for the total sample divided by the sum of all banks’ risk-weighted assets for the total sample. To maintain confidentiality, many of the results shown in this report are presented using box plots charts. These charts show the distribution of results as described by the median values (the thin red horizontal line) and the 75th and 25th percentile values (defined by the blue box). The upper and lower end points of the thin blue vertical lines show the values which are 1.5 times the range between the 25th and the 75th percentile above the 75th percentile or below the 25th percentile, respectively. This would correspond to approximately 99.3% coverage if the data were normally distributed. The red crosses indicate outliers. To estimate the impact of implementing the Basel III framework on capital, comparisons are made between those elements of Tier 1 capital which are not subject to a limit under the national implementation of Basel I or Basel II, and CET1 under Basel III.

Data quality
For this monitoring exercise, participating banks submitted comprehensive and detailed non-public data on a voluntary and best-efforts basis. As with the C-QIS, national supervisors worked extensively with banks to ensure data quality, completeness and consistency with the published reporting instructions. Banks are included in the various analyses that follow only to the extent they were able to provide sufficient quality data to complete the analyses. For the liquidity elements, data quality has improved significantly throughout the iterations of the Basel III monitoring exercise, although it is still the case that some differences in banks’ reported liquidity risk

positions could be attributed to differing interpretations of the rules, rather than underlying differences in risk. Most notably individual banks appear to be using different methodologies to identify operational wholesale deposits and exclusions of liquid assets due to failure to meet the operational requirements.

Interpretation of results
The following caveats apply to the interpretation of results shown in this report: These results are not comparable to those shown in the C-QIS, which evaluated the impact of policy questions that differ in certain key respects from the finalised Basel III framework. As one example, the C-QIS did not consider the impact of capital surcharges for G-SIBs based on the initial list of G-SIBs announced by the Financial Stability Board in November 2011. One member country, Switzerland, has already implemented certain elements of the Basel III framework pertaining to new rules for market risk and enhancements to the treatment of securitisations held in the banking book (often referred to collectively as “Basel 2.5”). For banks in this country, the results included in this report reflect the impact of adopting the Basel III requirements relative to the Basel II and Basel 2.5 frameworks already in place. The new rules for counterparty credit risk are not fully accounted for in the report, as data for capital charges for exposures to central counterparties (CCPs) and stressed effective expected positive exposure (EEPE) could not be collected. The actual impact of the new requirements will likely be lower than shown in this report given the phased-in implementation of the rules and interim adjustments made by the banking sector to changing economic conditions and the regulatory environment. For example, the results do not consider bank profitability, changes in capital or portfolio composition, or other management responses to the policy changes since 30 June 2011 or in the future. For this reason, the results are not comparable to industry estimates, which tend to be based on forecasts and consider management actions to mitigate the impact, as well as incorporate estimates where information is not publicly available. The Basel III capital amounts shown in this report assume that all

common equity deductions are fully phased in and all non-qualifying capital instruments are fully phased out. As such, these amounts underestimate the amount of Tier 1 capital and Tier 2 capital held by a bank as they do not give any recognition for non-qualifying instruments that are actually phased out over nine years. The treatment of deductions and non-qualifying capital instruments also affects figures reported in the leverage ratio section. The underestimation of Tier 1 capital will become less of an issue as the implementation date of the leverage ratio nears. In particular, in 2013, the capital amounts based on the capital requirements in place on the Basel III monitoring reporting date will reflect the amount of non-qualifying capital instruments included in capital at that time. These amounts will therefore be more representative of the capital held by banks at the implementation date of the leverage ratio.

Capital shortfalls and overall changes in regulatory capital ratios
Table 2 shows the aggregate capital ratios under the current and Basel III frameworks and the capital shortfalls if Basel III were fully implemented, both for the definition of capital and the calculation of risk-weighted assets as of 30 June 2011.

As compared to current CET1, the average CET1 capital ratio of Group 1 banks would have fallen by nearly one-third from 10.2% to 7.1% (a decline of 3.1 percentage points) when Basel III deductions and risk-weighted assets are taken into account. The reduction in the CET1 capital ratio of Group 2 banks is smaller (from 10.1% to 8.3%), which indicates that the new framework has greater impact on larger banks. Results show significant variation across banks as shown in Chart 1. The reduction in CET1 ratios is driven by the new definition of eligible capital, by deductions that were not previously applied at the common equity level of Tier 1 capital in most jurisdictions (numerator) and by increases in risk-weighted assets (denominator). Banks engaged heavily in trading or counterparty credit activities tend to show the largest denominator effects as these activities attract substantively higher capital charges under the new framework. Tier 1 capital ratios of Group 1 banks would on average decline 4.1 percentage points from 11.5% to 7.4%, and total capital ratios of this same group would decline on average by 5.6 percentage points from 14.2% to 8.6%. As with CET1, Group 2 banks show a more moderate decline in Tier 1 capital ratios from 10.9% to 8.6%, and a decline in total capital ratios from 14.3% to 10.6%.

The Basel III framework includes the following phase-in provisions for capital ratios: For CET1, the highest form of loss absorbing capital, the minimum requirement will be raised to 4.5% and will be phased-in by 1 January 2015; For Tier 1 capital, the minimum requirement will be raised to 6.0% and will be phased-in by 1 January 2015; For total capital, the minimum requirement remains at 8.0%; Regulatory adjustments (ie possibly stricter sets of deductions that apply under Basel III) will be fully phased-in by 1 January 2018; An additional 2.5% capital conservation buffer above the regulatory minimum capital ratios, which must be met with CET1, will be phased-in by 1 January 2019; and The additional loss absorbency requirement for G-SIBs, which ranges from 1.0% to 2.5%, will be phased in by 1 January 2019. It will be applied as the extension of the capital conservation buffer and must be met with CET1. The Annex includes a detailed overview of all relevant phase-in arrangements. Chart 2 and Table 2 provide estimates of the amount of capital that Group 1 and Group 2 banks would need between 30 June 2011 and 1 January 2019 in addition to the capital they already held at the reporting date, in order to meet the target CET1, Tier 1, and total capital ratios under Basel III assuming fully phased-in target requirements and deductions as of 30 June 2011. Under these assumptions, the CET1 capital shortfall for Group 1 banks with respect to the 4.5% CET1 minimum requirement is €38.8 billion. The CET1 shortfall with respect to the 4.5% requirement for Group 2 banks, where coverage of the sector is considerably smaller, is estimated at €8.6 billion. For a CET1 target of 7.0% (ie the 4.5% CET1 minimum plus the 2.5% capital conservation buffer, plus any capital surcharge for G-SIBs as applicable), Group 1 banks’ shortfall is €485.6 billion and Group 2 banks’ shortfall is €32.4 billion. The surcharges for G-SIBs are a binding constraint on 24 of the 28 G-SIBs included in this Basel III monitoring exercise. As a point of reference, the aggregate sum of after-tax profits prior to distributions for Group 1 and Group 2 banks in the same sample was

€356.6 billion and €35.6 billion, respectively in the second half of 2010 and the first half of 2011. Assuming the 4.5% CET1 minimum capital requirements were fully met (ie, there were no CET1 shortfall), Group 1 banks would need an additional €66.6 billion to meet the minimum Tier 1 capital ratio requirement of 6.0%. Assuming banks already hold 7.0% CET1 capital, Group 1 banks would need and an additional €221.4 billion to meet the Tier 1 capital target ratio of 8.5% (ie the 6.0% Tier 1 minimum plus the 2.5% CET1 capital conservation buffer), respectively. Group 2 banks would need an additional €7.3 billion and an additional €16.6 billion to meet these respective Tier 1 capital minimum and target ratio requirements. Assuming CET1 and Tier 1 capital requirements were fully met (ie, there were no shortfalls in either CET1 or Tier 1 capital), Group 1 banks would need an additional €119.3 billion to meet the minimum total capital ratio requirement of 8.0% and an additional €223.2 billion to meet the total capital target ratio of 10.5% (ie the 8.0% Tier 1 minimum plus the 2.5% CET1 capital conservation buffer), respectively. Group 2 banks would need an additional €5.5 billion and an additional €11.6 billion to meet these respective total capital minimum and target ratio requirements. As indicated above, no assumptions have been made about bank profits or behavioural responses, such as changes balance sheet composition, that will serve to ameliorate the impact of capital shortfalls over time.

Impact of the definition of capital on Common Equity Tier 1 capital
As noted above, reductions in capital ratios under the Basel III framework are attributed in part to capital deductions not previously applied at the common equity level of Tier 1 capital in most jurisdictions. Table 3 shows the impact of various deduction categories on the gross CET1 capital (ie, CET1 before deductions) of Group 1 and Group 2 banks. In the aggregate, deductions reduce the gross CET1 of Group 1 banks under the Basel III framework by 32.0%. The largest driver of Group 1 bank deductions is goodwill, followed by combined deferred tax assets (DTAs) deductions, and intangibles other than mortgage servicing rights. These deductions reduce Group 1 bank gross CET1 by 15.4%, 4.9%, and 3.6%, respectively. The category described as other deductions reduces Group 1 bank gross CET1 by 3.0% and pertain mainly to deductions for provision shortfalls relative to expected credit losses and deductions related to defined benefit pension fund schemes. Holdings of capital of other financial companies reduce the CET1 of Group 1 banks by 2.9%. The category “Excess above 15%” refers to the deduction of the amount by which the aggregate of the three items subject to the 10% limit for inclusion in CET1 capital exceeds 15% of a bank’s CET1, calculated after all deductions from CET1. These 15% threshold bucket deductions reduce Group 1 bank gross CET1 by 2.1%. Deductions for MSRs exceeding the 10% limit have a minor impact on Group 1 CET1. Deductions reduce the CET1 of Group 2 banks by 26.9%. Goodwill is the largest driver of deductions for Group 2 banks, followed by holdings of the capital of other financial companies, and combined DTAs deductions. These deductions reduce Group 2 bank CET1 by 10.5%, 4.4%, and 4.3%, respectively. Other deductions, which are driven significantly by deductions for provision shortfalls relative to expected credit losses, result in a 3.5% reduction in Group 2 bank gross CET1.

Deductions for intangibles other than mortgage servicing rights and deductions for items in excess of the aggregate 15% threshold basket reduce Group 2 bank gross CET1 by 2.5% and 1.8%, respectively. Deductions for mortgage servicing rights above the 10% limit have no impact on Group 2 banks.

Changes in risk-weighted assets Overall results
Reductions in capital ratios under the Basel III framework are also attributed to increases in risk-weighted assets. Table 4 provides additional detail on the contributors to these increases, to include the following categories:

Definition of capital:
These columns measure the change in risk-weighted assets as a result of proposed changes to the definition of capital. The column heading “other” includes the effects of lower risk-weighted assets for exposures that are currently included in risk-weighted assets but receive a deduction treatment under Basel III. The column heading “50/50” measures the increase in risk-weighted assets applied to securitisation exposures currently deducted under the Basel II framework that are risk-weighted at 1250% under Basel III. The column heading “threshold” measures the increase in risk-weighted assets for exposures that fall below the 10% and 15% limits for CET1 deduction;

Counterparty credit risk (CCR):
This column measures the increased capital charge for counterparty credit risk and the higher capital charge that results from applying a higher asset value correlation parameter against exposures to financial institutions under the IRB approaches to credit risk. Not included in CCR are risk-weighted asset effects of capital charges for exposures to central counterparties (CCPs) or any impact of incorporating stressed parameters for effective expected positive exposure (EEPE);

Securitisation in the banking book:
This column measures the increase in the capital charges for certain types of securitisations (eg, resecuritisations) in the banking book; and

Trading book:
This column measures the increased capital charges for exposures held in the trading book to include capital requirements against stressed value-at-risk, incremental default risk, and securitisation exposures in the trading book. Risk-weighted assets for Group 1 banks increase overall by 19.4% for Group 1 banks. This increase is to a large extent attributed to higher risk-weighted assets for counterparty credit risk exposures, which result in an overall increase in total Group 1 bank risk-weighted assets of 6.6%. The predominant driver behind this figure is capital charges for counterparty credit risk as the higher asset value correlation parameter results in an increase in overall risk-weighted assets of only 1.0%. Trading book exposures and securitisation exposures currently subject to deduction under Basel II, also contribute significantly to higher risk-weighted assets at Group 1 banks at 5.2% for each category.

Securitisation exposures currently subject to deduction, counterparty credit risk exposures, and exposures that fall below the 10% and 15% CET1 eligibility limits are significant contributors to changes in risk-weighted assets for Group 2 banks. Changes in risk-weighted assets show significant variation across banks as shown in Chart 3. Again, these differences are explained in large part by the extent of banks’ counterparty credit risk and trading book exposures, which attract significantly higher capital charges under Basel III as compared to current rules.

Impact of the revisions to the Basel II market risk framework
Table 5 shows further detail on the impact of the revised trading book capital charges on overall risk-weighted assets for Group 1 banks. The sample analysed here is smaller than the one in Table 4 as not all the Group 1 banks provided data on market risk exposures. For this reduced sample of banks, trading book exposures resulted in a 6.1% increase in total risk-weighted assets. The main contributors to this increase are stressed value-at-risk (stressed VaR), non-correlation trading securitisation exposures subject the standardised measurement method (column heading “SMM

non-CTP”), and the incremental risk capital charge (IRC), which contribute 2.2%, 1.7%, and 1.4%. Less significant contributors to the increase in overall risk-weighted assets are capital charges for correlation trading exposures. Increases in risk-weighted assets are partially offset by effects related to previous capital charges24 and changes to the standardised measurement method (SMM).

Impact of the rules on counterparty credit risk (CVA only)
Credit valuation adjustment (CVA) risk capital charges lead to a 7.3% increase in total RWA for the subsample of 77 banks which provided the relevant data (6.6% on the full Group 1 sample). A larger fraction of the total effect is attributable to the application of the standardised method than to the advanced method. The impacts on Group 2 banks are smaller but still significant, adding up to an overall 2.9% increase in RWA over a subsample of 63 banks (2.2% for the full Group 2 sample), totally attributable to the standardised method. Further detailed are provided in Table 6.

Findings regarding the leverage ratio
The results regarding the leverage ratio are provided using two alternative measures of Tier 1 capital in the numerator: Basel III Tier 1, which is the fully phased-in Basel III definition of Tier 1 capital, and Current Tier 1, which is Tier 1 capital eligible under the Basel II agreement (the phase-in period of Basel III begins in 2013). Total exposures of Group 1 banks according to the definition of the denominator of the leverage ratio were €59.2 trillion while total exposures for Group 2 banks were €5.6 trillion. One important element in understanding the results of the leverage ratio section is the terminology used to describe a bank’s leverage. Generally, when a bank is referred to as having more leverage, or being more leveraged, this refers to a multiple (eg 33 times) as opposed to a ratio (eg 3%). Therefore, a bank with a high level of leverage will have a low leverage ratio. Chart 4 presents leverage ratios based on Basel III Tier 1 and current Tier 1 capital. The chart provides this information for all banks, Group 1 banks and Group 2 banks.

The weighted average current Tier 1 leverage ratio for all banks is 4.5%.

For Group 1 banks, it is somewhat lower at 4.4% while it is 5.0% for Group 2 banks. The average Basel III Tier 1 leverage ratio for all banks is 3.5%. The Basel III average for Group 1 banks is 3.4%, and the average for Group 2 banks is 4.2%. The analysis shows that Group 2 banks are generally less leveraged than Group 1 banks, and this difference increases under Basel III when the requirements are fully phased in. It is likely that a portion of this effect is due to the changes in the definition of capital, which, as seen in Section 2, are likely to affect Group 1 banks to a greater extent than Group 2 banks. Under the current Tier 1 leverage ratio, 17 banks would not meet the 3% Tier 1 leverage ratio level, including six Group 1 banks and 11 Group 2 banks. Under the Basel III Tier 1 leverage ratio, 63 banks would not meet the 3% Tier 1 leverage ratio level, including 36 Group 1 banks and 27 Group 2 banks.

Liquidity Liquidity coverage ratio
One of the two standards introduced by the Committee is a 30-day liquidity coverage ratio (LCR) which is intended to promote short-term resilience to potential liquidity disruptions. The LCR has been designed to require global banks to have sufficient high-quality liquid assets to withstand a stressed 30-day funding scenario specified by supervisors. The LCR numerator consists of a stock of unencumbered, high quality liquid assets that must be available to cover any net outflow, while the denominator is comprised of cash outflows less cash inflows (subject to a cap at 75% of outflows) that are expected to occur in a severe stress scenario. 103 Group 1 and 102 Group 2 banks provided sufficient data in the 30 June 2011 Basel III monitoring exercise to calculate the LCR according to the Basel III liquidity framework. The weighted average LCR was 90% for Group 1 banks and 83% for Group 2 banks. These aggregate numbers do not speak to the range of results across the banks. Chart 5 below gives an indication of the distribution of bank results; the thick red line indicates the 100% minimum requirement, the thin red

horizontal lines indicate the median for the respective bank group. 45% of the banks in the Basel III monitoring sample already meet or exceed the minimum LCR requirement and 60% have LCRs that are at or above 75%.

For the banks in the sample, Basel III monitoring results show a shortfall of liquid assets of €1.76 trillion (which represents approximately 3% of the €58.5 trillion total assets of the aggregate sample) as of 30 June 2011, if banks were to make no changes whatsoever to their liquidity risk profile. This number is only reflective of the aggregate shortfall for banks that are below the 100% requirement and does not reflect surplus liquid assets at banks above the 100% requirement. Banks that are below the 100% required minimum have until 2015 to meet the standard by scaling back business activities which are most vulnerable to a significant short-term liquidity shock or by lengthening the term of their funding beyond 30 days. Banks may also increase their holdings of liquid assets. The key components of outflows and inflows are shown in Table 7. Group 1 banks show a notably larger percentage of total outflows, when compared to balance sheet liabilities, than Group 2 banks. This can be explained by the relatively greater contribution of wholesale funding activities and commitments within the Group 1 sample, whereas, for Group 2 banks, retail activities, which attract much lower stress factors, comprise a greater share of funding activities.

Cap on inflows
No Group 1 and 19 Group 2 banks reported inflows that exceeded the cap. Of these, six fail to meet the LCR, so the cap is binding on them. Of the banks impacted by the cap on inflows, 18 have inflows from other financial institutions that are in excess of the excluded portion of inflows. The composition of high quality assets currently held at banks is depicted in Chart 6. The majority of Group 1 and Group 2 banks’ holdings, in aggregate, are comprised of Level 1 assets; however the sample, on whole, shows diversity in their holdings of eligible liquid assets. Within Level 1 assets, 0% risk-weighted securities issued or guaranteed by sovereigns, central banks and PSEs, and cash and central bank reserves comprising significant portions of the qualifying pool. Comparatively, within the Level 2 asset class, the majority of holdings is comprised of 20% risk-weighted securities issued or guaranteed by sovereigns, central banks or PSEs, and qualifying covered bonds.

Cap on Level 2 assets
€121 billion of Level 2 liquid assets were excluded because reported Level 2 assets were in excess of the 40% cap as currently operationalised. 34 banks currently reported assets excluded, of which 24 (11% of the total sample) had LCRs below 100%. Chart 7 combines the above LCR components by comparing liquidity resources (buffer assets and inflows) to outflows. Note that the €800 billion difference between the amount of liquid assets and inflows and the amount of outflows and impact of the cap displayed in the chart is smaller than the €1.76 trillion gross shortfall noted above as it is assumed here that surpluses at one bank can offset shortfalls at other banks. In practice the aggregate shortfall in the industry is likely to lie somewhere between these two numbers depending on how efficiently banks redistribute liquidity around the system.

Net stable funding ratio
The second standard is the net stable funding ratio (NSFR), a longer-term structural ratio to address liquidity mismatches and provide incentives for banks to use stable sources to fund their activities. 103 Group 1 and 102 Group 2 banks provided sufficient data in the 30 June 2011 Basel III monitoring exercise to calculate the NSFR according to the Basel III liquidity framework. 46% of these banks already meet or exceed the minimum NSFR requirement, with three-quarters at an NSFR of 85% or higher. The weighted average NSFR for each of the Group 1 bank and Group 2 samples is 94%. Chart 8 shows the distribution of results for Group 1 and Group 2 banks; the thick red line indicates the 100% minimum requirement, the thin red horizontal lines indicate the median for the respective bank group.

The results show that banks in the sample had a shortfall of stable funding of €2.78 trillion at the end of June 2011, if banks were to make no changes whatsoever to their funding structure. This number is only reflective of the aggregate shortfall for banks that are below the 100% NSFR requirement and does not reflect any surplus stable funding at banks above the 100% requirement. Banks that are below the 100% required minimum have until 2018 to meet the standard and can take a number of measures to do so, including by lengthening the term of their funding or reducing maturity mismatch. It should be noted that the shortfalls in the LCR and the NSFR are not necessarily additive, as decreasing the shortfall in one standard may result in a similar decrease in the shortfall of the other standard, depending on the steps taken to decrease the shortfall.

Study on the Cross-Border Scope of the Private Right of Action Under Section 10(b) of the Securities Exchange Act of 1934 As Required by Section 929Y of the Dodd-Frank Wall Street Reform and Consumer Protection Act April 2012
This study has been prepared by the Staff of the U.S. Securities and Exchange Commission. The Commission has expressed no view regarding the analysis, findings, or conclusions contained herein.

Executive Summary
This study stems from two significant legal developments in the Summer of 2010 regarding the application of Section 10(b) of the Securities Exchange Act of 1934 (“Exchange Act”) to transnational securities frauds. Section 10(b) is an antifraud provision designed to combat a wide variety of manipulative and deceptive activities that can occur in connection with the purchase or sale of a security. The Securities and Exchange Commission (“Commission”) has civil enforcement authority under Section 10(b) and the Department of Justice (“DOJ”) has criminal enforcement authority. Further, injured investors can pursue a private right of action under Section 10(b); meritorious private actions have long been recognized as an important supplement to civil and criminal law-enforcement actions. On June 24, 2010, the Supreme Court in Morrison v. National Australia Bank concluded that there is no “affirmative indication” in the Exchange Act that Section 10(b) applies extraterritorially. Finding no affirmative indication of an extraterritorial reach, the Supreme Court adopted a new transactional test under which: Section 10(b) reaches the use of a manipulative or deceptive device or contrivance only in connection with the purchase or sale of a security listed on an American stock exchange, and the purchase or sale of any other security in the United States. Congress promptly responded to the Morrison decision by adding Section 929P(b)(2) of Title IX of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank Act”).

Section 929P(b)(2) provided the necessary affirmative indication of extraterritoriality for Section 10(b) actions involving transnational securities frauds brought by the Commission and DOJ. Specifically, Section 929P(b)(2) provides the district courts of the United States with jurisdiction over Commission and DOJ enforcement actions if the fraud involves: (1) conduct within the United States that constitutes a significant step in furtherance of the violation, even if the securities transaction occurs outside the United States and involves only foreign investors; or (2) conduct occurring outside the United States that has a foreseeable substantial effect within the United States. With respect to private actions under Section 10(b), Section 929Y of the Dodd-Frank Act directed the Commission to solicit public comment and then conduct a study to consider the extension of the cross-border scope of private actions in a similar fashion, or in some narrower manner. Additionally, Section 929Y provided that the study shall consider and analyze the potential implications on international comity and the potential economic costs and benefits of extending the cross-border scope of private actions.

Background
Conduct and Effects Tests. Prior to the Supreme Court’s Morrison
decision, the lower federal courts had applied two tests to determine the cross-border reach of Section 10(b): the conduct test and the effects test. Under the conduct test, Section 10(b) applied if a sufficient level of conduct comprising the transnational fraud occurred in the United States, even if the victims or the purchases and sales were overseas. Although the courts had adopted a range of approaches to defining when the level of domestic conduct was sufficient, courts generally found the conduct test satisfied where: (1) the mastermind of the fraud operated from the United States in a scheme to sell shares in a foreign entity to overseas investors; (2) much of the important efforts such as the underwriting, drafting of prospectuses, and accounting work that led to the fraudulent offering of a U.S. issuer’s securities to overseas investors occurred in the United States; or

(3) the United States was used as a base of operations for meetings, phone calls, and bank accounts to receive overseas investors’ funds. Under the effects test, Section 10(b) applied to transnational securities frauds when conduct occurring in foreign countries caused foreseeable and substantial harm to U.S. interests. Among other situations, the effects test applied where either overseas fraudulent conduct or a predominantly foreign transaction resulted in a direct injury to: (1) Investors resident in the United States (even if the U.S. investors are relatively small in number); (2) Securities traded on a U.S. exchange or otherwise issued by a U.S. entity; or (3) U.S. domestic markets, at least where a reasonably particularized harm occurred.

Morrison Litigation. Morrison involved a so-called “foreign-cubed”

class action – a class action on behalf of foreign investors who had acquired the common stock of a foreign corporation through purchases effected on foreign securities exchanges. The plaintiffs alleged that the foreign corporation made false and misleading statements outside the United States to the plaintiff-investors that were based on false financial figures that had been generated in the United States by a wholly-owned U.S. subsidiary. The federal district court dismissed the case, holding that the conduct test had not been satisfied. The court of appeals affirmed the dismissal. At the Supreme Court, many of the arguments raised by the parties and the various amici curiae (i.e., non-parties who voluntarily submitted their views and analysis to assist the Court) centered on policy arguments supporting or opposing the conduct and effects tests in comparison to a bright-line test that would restrict the cross-border reach of Section 10(b). The plaintiffs and their supporting amici argued, among other things, that: (1) there is an inherent U.S. interest in ensuring that even foreign purchasers of globally traded securities are not defrauded, because the prices that they pay for their securities will ultimately impact the prices at which the securities are sold in the United States;

(2) foreign issuers that cross-list in the United States benefit from the prestige and increased investor confidence that results from a U.S. listing, and thus it is reasonable to hold these foreign issuers to the full force of the U.S. securities laws regardless of where the particular transaction occurs; (3) without the cross-border application of Section 10(b) afforded by the conduct and effects tests, there generally would be no legal options for redress open to the foreign victims of frauds committed by persons residing in the United States; and (4) eliminating the conduct and effects tests could be a significant factor weighing against further or continued foreign investment in the United States. The defendants and their supporting amici (excluding foreign governments) argued, among other things, that: (1) the uncertainty and lack of predictability resulting from the conduct and effects tests discourage investment in the United States and capital raising in the United States, which would not occur with a bright-line test limiting Section 10(b) only to transactions within the United States; (2) application of Section 10(b) private liability to frauds resulting in transactions on foreign exchanges would result in wasteful and abusive litigation, cause the United States to become a leading venue for global securities class actions, and subject foreign issuers to the burdens and uncertainty of extensive U.S. discovery, pre-trial litigation, and perhaps trial before plaintiffs’ claims can be dismissed under the conduct and effects tests; and (3) different nations have reached different conclusions about what constitutes fraud, how to deter it, and when to prosecute it, and the cross-border application of U.S. securities law would interfere with those sovereign policy choices. The U.S. Solicitor General, joined by the Commission, recommended to the Supreme Court a standard that would permit a private plaintiff who suffered a loss overseas as part of a transnational securities fraud to pursue redress under Section 10(b) if the U.S. component of the fraud directly caused the plaintiff’s injury. Although the Solicitor General acknowledged the potential for private securities actions brought under U.S. law to conflict with the procedures and remedies afforded by foreign nations, the Solicitor General opposed a transactional test that would permit a Section 10(b) private action only if the securities transaction occurred in the United States.

A transactional test, the Solicitor General explained, would produce arbitrary outcomes, including denying a Section 10(b) private action even when the fraud was hatched and executed entirely in the United States and the injured investors were in the United States if the transactions induced by the fraud were executed abroad. The British, French, and Australian Governments opposed to varying degrees the cross-border scope of private rights of action under Section 10(b). Each argued that it had made different policy choices about the prevention of fraud and enforcement of antifraud rules based on its own sovereign interests, and asserted that each choice deserved respect. The British and French Governments expressly supported a bright-line test.

Morrison Decision. As noted above, the Supreme Court adopted a new

transactional test under which Section 10(b) applies only to frauds in connection with the “the purchase or sale of a security listed on an American stock exchange, and the purchase or sale of any other security in the United States.” In rejecting the conduct and effects tests, the Court expressly identified the potential threat of regulatory conflict and international discord that private securities class actions can pose in the context of transnational securities frauds. Justice Stevens filed a concurrence in which he argued in favor of the conduct and effects tests, and criticized the transactional test as unduly excluding from private redress under Section 10(b) frauds that transpire in the United States or directly target U.S. citizens.

Post-Morrison Legal Developments
Following the Morrison decision, the lower federal courts have addressed a number of questions regarding the interpretation and application of the transactional test. To date, the courts have issued decisions holding that: 1) Although the Supreme Court stated in Morrison that Section 10(b) applies to the “purchase or sale of a security listed on an American stock exchange,” an investor in a U.S. and foreign cross-listed security cannot maintain a Section 10(b) private action if he or she acquired the security on the foreign stock exchange. 2) An investor who acquires an exchange-traded American depositary receipt (ADR), which is a type of security that represents an ownership

interest in a specified amount of a foreign security, can maintain a Section 10(b) private action. 3) The purchase or sale of a security on a foreign exchange by a U.S. investor is not within the reach of Section 10(b) even if the transaction was initiated in the United States (e.g., the purchase or sale order was placed with a U.S. broker-dealer by a U.S. investor). 4) A Section 10(b) private action is not available for a U.S. counter-party to a security-based swap that references a foreign security, at least to the extent that the counter-party is suing a third party (i.e., a non-party to the swap) for fraudulent conduct related to the foreign-referenced security. 5) Section 10(b) applies where a defendant engages in insider trading overseas with respect to a U.S. exchange-traded corporation by acquiring contracts for difference, which are a type of security in which the purchaser acquires the future movement of the underlying company’s common stock without taking formal ownership of the company’s shares. 6) A Section 10(b) private action is not available against a securities intermediary such as a broker-dealer, investment adviser, or underwriter if the transaction for which the investor suffered a loss occurred on a foreign exchange or otherwise outside the United States, even if (i) the intermediary resided in the United States and primarily engaged in the fraudulent conduct here, or (ii) the intermediary traveled to the United States frequently to meet with the U.S. investor-client. 7) Investors who purchase shares of an off-shore feeder fund that holds itself out as investing exclusively or predominantly in a U.S. fund cannot maintain a Section 10(b) private action unless the purchase of the feeder fund’s shares occurred in the United States. Courts are divided on the issue of how to determine whether a purchase or sale of securities not listed on a U.S. or foreign exchange takes place in the United States, setting forth a number of competing approaches that include looking to: (a) whether either the offer or the acceptance of the off-exchange transaction occurred in the United States; (b) whether the event resulting in “irrevocable liability” occurred in the United States; or (c) whether the issuance of the securities occurred in the United States.

Responses to Request for Public Comment
In response to the Commission’s request for public comments, as of January 1, 2012 the Commission received 72 comment letters (excluding duplicate and follow-up letters) – 30 from institutional investors; 19 from law firms and accounting firms; 8 from foreign governments; 7 from public companies and associations representing them; 7 from academics; and 1 from an individual investor. Of these, 44 supported enactment of the conduct and effects tests or some modified version of the tests, while 23 supported retention of the Morrison transactional test.

Arguments in Favor of the Transactional Test. The comment letters in

support of the transactional test asserted that cross-border extension of Section 10(b) private actions would create significant conflicts with other nations’ laws, interfere with the important and legitimate policy choices that these nations have made, and result in wasteful and abusive litigation involving transactions that occur on foreign securities exchanges. Those comment letters argue that, by contrast, retention of the transactional test would foster market growth because the test provides a bright-line standard for issuers to reasonably predict their liability exposure in private Section 10(b) actions.

Arguments Against the Transactional Test. The comment letters

opposed to the transactional test argued, among other things, that: whether an exchange-traded securities transaction executed through a broker-dealer occurs in the United States or overseas may not be either apparent to U.S. investors or within their control; the transactional test impairs the ability of U.S. investment funds to achieve a diversified portfolio that includes foreign securities because the funds will have to either trade in the less liquid and potentially more costly ADR market in the United States or, alternatively, forgo Section 10(b) private remedies to trade overseas or pursue foreign litigation; and the transactional test fails to provide a private action in situations where U.S. investors are induced within the United States to purchase securities overseas.

Arguments in Favor of the Conducts and Effects Tests. The comment

letters supporting enactment of the conduct and effects tests argued that doing so would promote investor protection because private actions would be available to supplement Commission enforcement actions involving transnational securities frauds. These comment letters also argued that the conduct and effects tests reflect the economic reality that although a company’s shares may trade on a foreign exchange and the company may be incorporated overseas,

the entity may have an extensive U.S. presence justifying application of U.S. securities laws. Further, comment letters also argued that the conduct and effects tests ensure that fraudsters operating in the United States or targeting investors in the United States cannot easily avoid the reach of Section 10(b) private liability, and facilitates international comity by balancing the interests of the United States and foreign jurisdictions.

Arguments Against the Conduct and Effects Tests. The arguments

against the conduct and effects tests largely mirrored those set forth above in favor of the transactional test. In addition, these comment letters argued that: investor protection and deterrence of fraud are sufficiently achieved in the context of transnational securities fraud by Congress having enacted the conduct and effects tests for cases brought by the Commission and DOJ; small U.S. investors do not need the heightened protection of the conduct and effects tests because they generally do not directly invest overseas; the conduct and effects tests’ fact-specific analysis bears little relationship to investors’ expectations about whether they are protected by U.S. securities laws; and foreign legal regimes already provide sufficient remedies for investors who engage in transactions abroad.

Alternative Approaches that Commenters Proposed. Several comment
letters argued in support of conduct and effects tests limited to U.S. resident investors.

According to these comment letters, such an approach would minimize many of the international comity concerns associated with the conduct and effects tests because foreign nations recognize that the United States has a strong interest in protecting its own citizens. Another option that the comment letters suggested was a fraud-in-the-inducement standard under which an investor could maintain a Section 10(b) private action if the investor was induced to purchase or sell the security in reliance on materially false or misleading material provided to the investor in the United States. Comment letters supporting this alternative argued that it would be consistent with investors’ expectations, because investors generally believe that they will be protected by the legal regime that applies in the locations where they are subjected to fraudulent information or conduct.

Options Regarding the Cross-Border Reach of Section 10(b) Private Actions
The Staff advances the following options for consideration:

Options Regarding the Conduct and Effects Tests.
Enactment of conduct and effects tests for Section 10(b) private actions similar to the test enacted for Commission and DOJ enforcement actions is one potential option. Consideration might also be given to alternative approaches focusing on narrowing the conduct test’s scope to ameliorate those concerns that have been voiced about the negative consequences of a broad conduct test. One such approach (which the Solicitor General and the Commission recommended in the Morrison litigation) would be to require the plaintiff to demonstrate that the plaintiff’s injury resulted directly from conduct within the United States. Among other things, requiring private plaintiffs to establish that their losses were a direct result of conduct in the United States could mitigate the risk of potential conflict with foreign nations’ laws by limiting the availability of a Section 10(b) private remedy to situations in which the domestic conduct is closely linked to the overseas injury. The Commission has not altered its view in support of this standard. Another option is to enact conduct and effects tests only for U.S. resident investors. Such an approach could limit the potential conflict between U.S. and foreign law, while still potentially furthering two of the principal regulatory interests of the U.S. securities laws – i.e., protection of U.S. investors and U.S. markets. Options to Supplement and Clarify the Transactional Test. In addition to possible enactment of some form of conduct and effects tests, the Study sets forth four options for consideration to supplement and clarify the transactional test. One option is to permit investors to pursue a Section 10(b) private action for the purchase or sale of any security that is of the same class of securities registered in the United States, irrespective of the actual location of the transaction. A second option, which is not exclusive of other options, is to authorize Section 10(b) private actions against securities intermediaries such as broker-dealers and investment advisers that engage in securities fraud while purchasing or selling securities overseas for U.S. investors or providing other services related to overseas securities transactions to U.S. investors.

A third option is to permit investors to pursue a Section 10(b) private action if they can demonstrate that they were fraudulently induced while in the United States to engage in the transaction, irrespective of where the actual transaction takes place. A final option is to clarify that an off-exchange transaction takes place in the United States if either party made the offer to sell or purchase, or accepted the offer to sell or purchase, while in the United States

Survey on the implementation of the CEBS Guidelines on Remuneration Policies and Practices
12 April 2012 - The European Banking Authority (EBA) publishes today the results of the survey on the implementation of CEBS Guidelines on remuneration policies and practices. The survey findings indicate that in most countries the Guidelines came into force on 1 January 2011 and that supervisors have actively assessed remuneration policies requiring, where needed, interventions in the remuneration structures and payouts of the variable component. While considerable progress has been reported with respect to the governance of remuneration, some areas of concern remain. Further supervisory guidance is needed in setting up the criteria for identifying risk takers as well as in the application of the proportionality principle and of the risk alignment practices. The findings of the survey have showed a satisfactory implementation of the Guidelines into the respective legal and supervisory frameworks and good progress by the industry has been reported namely as to the practices in the governance of remuneration. However, the scope of the Guidelines is one of the areas for concern as considerable variations exist in the extent to which the remuneration requirements are applied beyond the scope of the CRD. With regard to the identification of risk takers, the survey has highlighted inconsistencies across institutions in the criteria used to identify staff that have a material impact on the firm’s risk profile. Furthermore, such criteria have not always proved to sufficiently grasp the risk impact aspect of the exercise.

Inconsistencies have also emerged in the application of the

proportionality principle with practices varying from predetermined fixed criteria to open case-by-case approaches to determine if the set of specific remuneration rules should be applied to identified staff.

Finally, the survey has showed that risk alignment practices across the industry remain underdeveloped namely with regard to the interaction of parameters used for risk management and the structure of bonus pools. In light of the shortcomings identified by the survey, it is welcomed that the Danish Presidency, in its January compromise text on the CRD IV package, has proposed to widen the scope of the mandate for the EBA to elaborate criteria to identify categories of staff whose professional activities have a material impact on the institution’s risk profile.

CONTEXT FOR THE SURVEY
This report presents the results of an EBA survey on the implementation of the CEBS Guidelines on Remuneration Policies and Practices (hereafter: the Guidelines) amongst European banking supervisors, conducted in Q 4 2011. The Guidelines were published on 10 December 2010. The aim of the survey was twofold i.e. to get an overview of - how legislators and supervisors have implemented the Guidelines in their legislative frameworks and/or their supervisory policies, focusing on possible differences between these implementations and the Guidelines; - more importantly, how the requirements of the Guidelines have been supervised in practice, what progress has been made by institutions and which areas need further development. This aim is set off against a level playing field concern that was raised when adopting the Guidelines, both by the sector and between supervisors. Although the Guidelines provide an extensive supporting framework to interpret the CRD III requirements on remuneration, they include numerous open aspects where judgment by institutions and by supervisors is required. The concern was that this judgment would lead to different implementations within the EU, further intensified by the fact that prudential supervision over remuneration policies has been since the crisis a completely new field of supervisory competence in most EU countries. Through this report the EBA wants to encourage greater regulatory consistency across the EU jurisdictions.

The survey benchmarks progress and further work to be done against the Guidelines, and consequently has a European context, with no direct link to level playing field concerns between Europe and other members of the FSB. In this respect, the FSB published in October 2011 a Thematic Review on Compensation that included this kind of level playing concerns, amongst other implementation survey work on the FSB Principles and Implementation Standards. As a follow-up, the FSB has launched a detailed ongoing monitoring program. In the European Union, this survey is not the only tool through which EBA monitors remuneration practices and levels in institutions across the Member States. A benchmark exercise based on remuneration data collected in accordance with the criteria for disclosure established in point 15(f) of part 2 Annex XII of CRD III, will be launched by EBA. Twenty-one supervisors have participated in the survey; questions in the survey were mainly open and qualitative of nature, but for some aspects, numerical information was asked for a sample of institutions that represents 60 % of total assets in the banking sector or at least the 20 largest institutions in a particular Member State. Answers about practices in institutions relate mainly to the 2010 remuneration cycle (i.e. for performances in 2010), the first year of application of the CRD III requirements. The intention of this implementation report is not to repeat the requirements of the Guidelines. Where necessary, references will be made to the numbers of the relevant paragraphs of the Guidelines in footnotes. Words or expressions used in this report which are also used in the Guidelines shall have the meaning in this report as in the Guidelines.

Executive Summary
The CRD III remuneration requirements sought to develop risk-based remuneration policies and practices, aligned with the long term interests of the institution and avoiding short-term incentives that could lead to excessive risk-taking. This was seen as a key contributory reform in restoring overall financial stability after the 2007-2008 financial crisis.

In most countries, the Guidelines came into force on 1 January 2011, with some countries suffering from delays in the legislative process. The CRD III combination of articles and annexes, with the Guidelines on top of these, is often mirrored in the countries as a combination of legislative acts, regulation, circulars and/or explanatory memoranda. The balance between legally prescriptive and supervisory regulatory approaches differs between the respondents. Supervisors have actively assessed remuneration policies, imposing where needed - amendments to the policy and consequently intervening in the remuneration structures and actual payouts of variable remuneration. In all countries, the Guidelines are part of the supervisory review over institutions.

The scope of the Guidelines is an area of significant concern.
Regarding the scope of institutions, there are effectively no substantive exemptions at national level to the application of the remuneration requirements to institutions covered by CRD III. Considerable variations exist in the extent to which the remuneration requirements are applied beyond the scope of CRD III e.g. in some countries this extends to the financial sector as a whole. While these findings are reassuring or at least not problematic at first sight, they need further nuancing when put in the context of groups or when taken together with the proportionality CRD III allows. Groups with non-EEA entities or groups with non-regulated subsidiaries or regulated subsidiaries that are not subject to CRD III do not always obtain the standard of group-wide application of the remuneration policy. Differences in how the Guidelines apply beyond the EEA borders often have their origin in different implementation of the FSB Principles and Implementing Standards by third countries. Proportionality regimes, sometimes based on predetermined fixed criteria, other times based on an open case-by-case approach, can lead to significant variation in the net degree by which institutions are subject to the CRD III requirements. Regarding staff under scope of the specific risk alignment requirements, CRD III requires that institutions identify the categories of staff that

have a material impact on the risk profile of the institution (hereafter: the Identified Staff). Institutions use a large variety of criteria for this internal exercise but these are not always sufficient to grasp the risk impact aspect of this exercise or to take into account less quantifiable risks such as reputational risk. The numbers of Identified Staff differ considerably between Member States, but there is a clear tendency of institutions to select very low numbers. This affects the core of the CRD III requirements and undermines the effectiveness of EU supervisory reforms on remuneration. The process to determine the Identified Staff in a group can be applied differently between parent undertaking and subsidiaries. There is a genuine concern on supervisory differences regarding the identification process, within and outside the EEA. These differences can lead to regulatory arbitrage and competitive disadvantages. Many supervisors express the need for clear criteria and a process to identify risk takers in a single entity and within groups. More guidance is also needed on the application of the proportionality principle and the neutralization of requirements. Further harmonisation of the identification process is essential for a level playing field. In order to be able to align with the risk profile of institutions, a balance should be found between clarity and flexibility.

The governance of remuneration has shown considerable progress.
This may be explained by the fact that remuneration governance is part of broader governance reforms after the financial crisis. There is a widespread good implementation of the Guidelines with regard to the general principles on corporate governance, the role of the management body in its supervisory and management function and the setting up of a Remuneration Committee (hereafter: Rem Co). If weaknesses occur, those mainly stem from the group governance context: differences in the implementation of the Guidelines across jurisdictions often have their origin in different corporate laws and practices; another source may be the difficult balance between the coherent application of the group policy and the local responsibilities,

based on local risks profiles and regulatory environment, that subsidiaries may have in the field of remuneration.

The risk alignment of remuneration policies and practices remain underdeveloped.
In the first cycle of application of CRD III, it appears that too many supervisory resources often have been spent to discussions with institutions regarding the numbers of Identified Staff rather than focusing more on risk alignment principles. Hardly any supervisory guidance, additional to the Guidelines, has been developed at national level. Changes are perceptible in risk alignment during performance measurement of employees and in the parameters used ex ante for setting bonus pools. Net profits and to a certain extent also risk-adjusted performance parameters are now more in use for setting bonus pools, but much more experience needs to be gained here on the credibility of the parameters and on their simultaneous internal use for risk management purposes outside remuneration so that they can really become embedded in the organisation's risk management framework. The interaction of such risk-adjusted parameters and discretionary judgment needs more transparency and the level at which the ex ante adjustment is applied is still restricted too much to the highest levels of the organisation. Also it is particularly important to ensure that the level of variable remuneration is consistent with the need to maintain, strengthen and restore a sound capital base. Regarding ex post risk alignment, more improvements seem to be desirable with a view to establishing sufficiently sensitive malus criteria which trigger forfeiture of deferred, i. e. unvested, variable remuneration. The malus criteria used do not always reflect the back testing character, which is inherent in the idea of a malus, with regard to the initially measured performance. In light of the underdevelopment of risk adjustment techniques, the ratios of variable to fixed that institutions have set in their remuneration policies and that were used in this first CRD III cycle do not appear to signal a breach with practices from the past and tend to be high.

The criteria by which institutions decide on the ratios in practice are not always clear. Progress can however be observed in setting up multi-year frameworks, with deferral periods now being widespread. National requirements on the different elements of the multi-year framework (e.g. proportion being deferred, time horizon, vesting process, time span between end of accrual and vesting of deferred amount) show some minor variance or divergence from the Guidelines.

The use of instruments as part of variable remuneration suffers from a feasibility gap.
CRD III introduced a requirement to pay at least 50% of the variable component of remuneration in instruments. Because the wording used for this requirement includes an "appropriate balance" of different types of instruments, there was some room for institutions to tailor this requirement to their own needs and possibilities. In some countries, there is delay in complying with this CRD III requirement because banks have difficulties in finding suitable instruments. Listed institutions in several jurisdictions do not use common shares due to practical and dilution problems, even though based on the CRD III text there were expectations that such shares would be used by listed institutions. So-called "phantom shares plans" (equivalent non cash instruments) are more frequently used by both listed and non-listed institutions, although their development is still subject to many open issues. The main open issue concerns the valuation of these plans: by whom should the value be determined and what kind of method should be used to that end? Further practical experience is needed in this respect, especially to develop these instruments for non-listed companies. Still, some strong practices are emerging which may help to shape further policy. Hybrid tier 1 instruments, part of the "appropriate balance" that CRD III envisaged, are so far in practice not used.

Disclosure of remuneration policies and practices deserves greater attention.
Greater attention on disclosure of remuneration policies and practices could enhance the implementation. The tandem between public disclosure and supervisory reporting, once the EBA Guidelines 46 and Guidelines 47 on remuneration data collection exercises are implemented, should be helpful in this respect. Effective disclosure in fact allows the market's awareness on remuneration to increase. At the same time, it increases monitoring by the markets and regulators on the relation between pay, risk-taking and performance and can facilitate the emergence of best practices that address both financial stability concerns and the institutions' need for competitive pay schemes. It is therefore important to ensure an equal level of application of the disclosure requirements. Today, this is still hampered mainly by the fact that disclosure requirements relate to those categories of staff selected as Identified Staff, whose number can differ considerably between Member States, as already mentioned.

Analysis of the Implementation Scope
Scope issues are structured as follows: first the report discusses the institutions in scope, then the report examines how the concept of Identified Staff has been implemented. These two subsections have three parts: a general discussion and then an elaboration of how (1) the group context and (2) neutralization influence implementation. The Guidelines distinguish between proportionality between institutions and proportionality between staff, with neutralization being the most far-reaching form of these types of proportionality.

INSTITUTIONS WITHIN SCOPE General
The CRD III remuneration requirements apply to credit institutions as defined under art. 4(1) of Directive 2006/48 and investment firms as

defined under Directive 2006/49/EC, which in turn refers to Directive 2004/39/EC on markets in financial instruments (MiFID) (article 4 (1)(1)). It is clear that the implementation of the remuneration requirements has ensured comprehensive coverage of these institutions. Overall, jurisdictions have in place no substantive exemptions to the application of the requirements. However there were considerable divergences in two important areas: - The extent to which the CRD III remuneration requirements were applied to sectors not within the scope of CRD III; and - The approach which individual markets have taken to proportionality and the degree to which the remuneration requirements may be neutralized. (In this context neutralization means the decision not to apply certain of the remuneration requirements to certain covered institutions dependent upon nationally determined criteria). Many jurisdictions apply the remuneration requirements solely to those institutions covered by CRD III. However, some others extend the application in relatively modest ways including, for example, the utilisation of broader definitions of credit institutions or extension to settlement and clearing institutions. Some authorities, though, have chosen to apply the requirements much more widely including in some cases to the whole of the financial services sector or to a significant number of additional sub-sectors, for example to insurance and reinsurance companies, investment management companies and private pension funds, asset management and finance leasing firms. The key positive outcome is that the remuneration requirements are comprehensively being applied to CRD III institutions and some jurisdictions have used national discretion to apply the requirements more widely. Future EU legislation for other financial services sectors e.g. Solvency II, will lead to more harmonisation.

Neutralization at the level of institutions
However, although all firms within scope are covered, there are very wide divergences across jurisdictions in the extent to which the remuneration provisions can be neutralized and the ways in which that

neutralization is achieved. In a few cases there was little or no neutralization. Three jurisdictions operate tiered proportionality regimes. Whilst these have some differences in structure and detail, the proportionality regimes apply neutralization primarily in relation to the size, scope, complexity and nature of firms’ businesses with the most significant firms unable to neutralize any of the provisions.

Germany
Germany has a very heterogeneous banking market with many smaller institutions that have a conservative business model, esp. with a focus on local retail and smaller to medium corporate client business. For this reason the Remuneration Regulation for Institutions (Instituts-Vergütungsverordnung, in short InstitutsVergV) makes a distinction between general requirements applying to all institutions and all employees (sections 3, 4 and 7 InstitutsVergV), and additional more demanding requirements (sections 5, 6 and 8 InstitutsVergV) that are relevant for “major institutions” and the remuneration schemes of their management board and identified staff. Institutions that are not "major" may neutralize the following requirements listed in Annex 2 of the Guidelines ("major institutions" cannot neutralize the following requirements): - (g) on performance criteria, - (h) on the multi-year framework, except for the management body of every institution, - (o) on instruments, - (p) on deferral, - (q) on risk adjustments, - (r) on pension policy as “discretionary pension benefits” play no role in the German institutions - the establishment of a Rem Co. The general requirements of the InstitutsVergV (sections 3, 4 and 7) implement all other requirements listed in Annex 2 of the Guidelines (including Annex 2 (l) on the ratio variable/fix). Qualification as a "major institution" depends on total assets and a risk analysis which the institution is required to perform itself. This risk analysis is relevant for all institutions whose total assets on the respective balance sheet dates for the last three completed financial years reached or exceeded an average of €10 billion.

The risk analysis shall take particular account of the institution’s size, its remuneration structure and the nature, scope, complexity, risk content and international scale of the business activities conducted. In this regard, particular significance will be attached to an institution’s business activities. Institutions with total assets of at least €40 billion are generally considered to be "major". Institutions with total assets under €10 billion are not considered to be "major" unless these institutions deem themselves to be major.

Italy
Italy operates a proportionality regime based on three categories of institutions: (a) ‘major’ banking groups with total consolidated assets of over €40 billion are required to adopt all the general and stricter requirements of the CRD III and the Guidelines; (b) ‘medium’ banks and banking groups with total consolidated assets between €3.5 and €40 billion are required to apply all the general requirements and may consider not to apply the stricter requirements on a case by case basis; (c) ‘minor’ banks with total consolidated assets lower than €3.5 billion are required to comply with the general requirements but not with the stricter provisions.

Stricter requirements are:
(i) the payment of at least 50% of variable remuneration in shares/other financial instruments; (ii) the deferral of at least 40% to 60% of the variable remuneration for at least 3 to 5 years; (iii) the appointment of a Rem Co. All the other CRD III provisions have to be intended as "general requirements". As a result of such proportionate approach, all Italian institutions must therefore comply with all the CRD III provisions and the Guidelines. Medium and minor institutions might neutralize only the stricter requirements. A Rem Co shall be however appointed in all listed institutions regardless of size.

Group context
In the case of groups, the remuneration requirements are generally implemented worldwide and in relation to all regulated and non-regulated subsidiaries. The responses received reveal that national regulations in all countries completely reflect the minimum requirements of the Guidelines with regard to the application of remuneration policies on a consolidated basis. In many jurisdictions, the group Rem Co has a role in ensuring that remuneration provisions are applied at both group and subsidiary level. In practice, the balance between the requirement of the parent company to have the group remuneration policy applied coherently and the requirement of subsidiaries to take into account local responsibilities, based on local risk profile and regulatory environment, proves to be difficult to obtain. Some supervisors faced practices where the parent company determined group wide policies which did not sufficiently respect the subsidiary’s local responsibilities. Divergences occurred in the extent to which national regulations might take into account local non-EEA regulations (since within the EU there is a harmonised framework), practices or culture. In certain cases local regulations prevailed or were taken into account but in one case only if local regulation was tighter than national regulation. In those circumstances local requirements took precedence. In certain other jurisdictions home regulation automatically applied regardless of where the business was carried out. Sometimes institutions use (the absence of) local non-EEA regulations, practices or culture as an argument to implement less stringent remuneration policies in relation to activity in those third country markets. A supervisory response noted in that case was to bring activity in those markets at least within scope of the group policy, to ensure transparency towards and oversight by the management body. There are similarly differences in the application of proportionality principles ranging from the full application of home country proportionality regimes to application on a case by case basis to no scope for proportionality. There is thus the potential here for Member States to operate different regimes for their institutions in the same third country markets.

The possible impact of this would be greatest where local jurisdictions operated markedly less restrictive remuneration regimes than those applicable in the EEA.

STAFF WITHIN SCOPE
CRD III requires that institutions identify the categories of staff that have a material impact on the risk profile of the institution. The scope of the Identified Staff determines the scope of the specific risk alignment requirements. Therefore the identification of staff is the essential starting point for the effective management of risks. It is clear from the implementation report that the selection of Identified Staff has been the most important subject of discussion between institutions and supervisors. Because of the impact on the scope of the remuneration policies and on the competition between institutions, discussions between supervisors and institutions 'stuck' at this phase of the implementation of sound remuneration policies. The differentiation in the number of Identified Staff hinders the creation of a level playing field.

Institutional practices
CRD III and the CEBS Guidelines state the categories of staff which should be selected. The CEBS Guidelines provide some guidance on the selection of Identified Staff. However, it is clear from the implementation report that more guidance is needed. Varying practices lead to differences in the criteria used to identify staff and in the number of Identified Staff within jurisdictions and internationally. Those differences can lead to regulatory arbitrage and competitive disadvantages. The result is that institutions have tended to select low numbers of Identified Staff, which is contrary to the objective of managing effectively risks resulting from remuneration policies and practices.

Institutions use different processes to select Identified Staff. Some institutions first identify the relevant types of activity and then select the Identified Staff within these activities. Others base their selection on a risk analysis. Within the different categories of Identified Staff, mentioned in CRD III and the Guidelines, the category 'other risk takers' has proved to be the most challenging. The implementation report also provides some information on the selection criteria. Institutions use a variety of criteria to select the 'other risk takers'; often more than one. The criteria are quantitative as well as qualitative. The good practices identified in the implementation report are mainly quantitative metrics which are based on responsibilities or are linked to the risk impact of the employee's activity. Examples which were mentioned are: credit competence; trading limits; bounded economic capital on business unit level; Value at Risk, Risk Weighted Assets-, revenue- or Profit&Loss impact; risk capital, total remuneration, ratio fixed to variable remuneration, and various thresholds (threshold above which staff are allowed to operate; amounts of revenue; assets under management). Qualitative criteria which are used by the institutions are the seniority of staff; hierarchy in the institution; type of responsibility of staff members; type of activity; and employee rating. Most of these criteria are applied at individual level. In one jurisdiction institutions are required to use also criteria at institutional level. The implementation report also provides information per jurisdiction on the percentage of the total number of employees which institutions have selected as Identified Staff. These percentages should be treated with some care, because they are not always comparable. One reason for this is the different sizes of institutions. Although the absolute number of Identified Staff of a big institution will usually be higher than the number of a small institution, the percentage of the total number of staff can be lower.

Also national regulation on proportionality or proportionality practices may impact the percentage of Identified Staff. Nevertheless, the clear conclusion can been drawn that the numbers of Identified Staff which institutions have selected vary considerably per jurisdiction. This conclusion applies to all three categories of banks on which the Implementation report requested data: 'all institutions', 'investment banks', and 'retail banks'. For example, in the category 'all institutions' there are 6 jurisdictions with an average Identified Staff < 1% of total number of employees; in 5 jurisdictions the average Identified Staff is between 1-5 %; in 3 jurisdictions the average is between 5-10 %; and in 2 jurisdictions the average is more than 10%. Institutions tend to identify lower numbers of Identified Staff, especially the bigger institutions. In the view of supervisors this is inadequate for effective risk management. Five supervisors have provided information on investment banks. Although one would expect investment banks consistently to have a higher percentage of Identified Staff than retail banks due to the higher risk profile, this is not the case in practice. In three jurisdictions investment banks have a higher percentage of Identified Staff than retail banks. However, in the other two jurisdictions the investment banks have a lower percentage. In the majority of jurisdictions the management body is involved in the identification process. Often the board has the responsibility to set the criteria for the selection of Identified Staff. In a few jurisdictions the supervisory board has a role. More often the Rem Co is involved, but its responsibilities vary between jurisdictions. Among the control functions, the human resources function is the most commonly involved in the identification process. The risk management function is clearly less often involved, although the aim of sound remuneration policies is the management of risks.

The compliance function and the audit function appear to have only a minor role in the identification process.

Supervisory practices and guidance
Almost all supervisors have indicated that they apply the institution-wide rules of CRD III and that the regulation covers all staff. In three jurisdictions, the regulations apply to a wider group of people, such as consultants, intermediaries, and persons to whom the institution has outsourced certain activities. The aim of covering this wider group is to avoid circumvention of the regulation. Almost all jurisdictions indicated that every institution covered by CRD has to select Identified staff. The determination of Identified Staff (especially in the category ‘other risk takers’, at lower level of the hierarchy) proves to be difficult, because a process and clear criteria are lacking. One supervisor has developed further guidance on ‘material impact’. Other supervisors have published guidance on the functions which should be appointed as Identified Staff and on the category ‘remuneration bracket’.

The Netherlands
The Dutch supervisor has published a Q&A concerning Identified staff. With regard to the category "other risk takers"' the Dutch Q&A gives criteria related to the most common financial risks. Depending on a bank’s or investment firm’s business, the relative importance of risk types may vary. It is up to the firm to demonstrate which are most important. For banks that engage in (mortgage) lending, credit risk may generally be expected to be among the principal risk types. Where a firm (also) does significant business in the wholesale or financial markets, market risk will be a prominent financial risk. For most banks, funding and liquidity risk will also be of importance. Where credit, market, capital and liquidity risk are concerned, the Dutch supervisor regards a (non-additive) combination of three criteria as a starting point for gauging the materiality of staff activities.

Taken individually, every one of these tests have their limitations (e.g.: trading business is relatively immaterial in capital terms; taking capital as the sole criterion will provide inconclusive evidence). Thus a combination of all three tests provides the fullest overview of ‘material activities’. Note that the test results are non-additive. Where a test score ‘sticks out’, the associated activity is assumed to materially affect the firm’s risk profile. Next, relevant staff members may be identified within the scope of the selected activities. Functions which have a material influence on the risk profile are not limited to management functions (hierarchical positions), but also contain operational and controlling functions. With regard to nonfinancial risks (e.g. reputation, legal, or IT risks) the Dutch Q&A states that it is difficult to lay down a single or a small number of quantitative measures. Therefore, institutions should primarily select staff responsible for decisions with strong impact on a firm’s operational risk profile.

Denmark
The Danish order on remuneration includes the following criteria on which persons should be appointed as identified staff: 1) the management of the part of the institution that deals with or approves financial instruments, 2) the management of the part of the institution that invests the institution's own book, 3) employees in the part of the institution as mentioned in 1 and 2 who via financial instruments can take a material risk on behalf of the institution on the institutions own book (proprietary trading), 4) the management of the actuary function and the reassurance function who can take a material risk on behalf of the institution on the institution's own book,

5) managers of the part of the institution who control compliance of thresholds for risk taking, and 6) other employees that can cause the institution a material credit risk.

The UK
The UK FSA Handbook states that the first three categories of Identified Staff ("Code staff" in the Handbook) (senior management, risk takers and staff engaged in control functions) should include persons who perform a significant influence function for the firm, or is a senior manager; individuals holding key positions, including heads of significant business lines and support and control functions; and other risk takers, which firms may identify through setting their own metrics. Many supervisors express the need for clear criteria and a process to select Identified Staff in a single entity and within groups. Further harmonisation of the identification process is essential for alevel playing field to operate. In view of this it is also suggested to set appropriate quantitative and qualitative criteria for the number of Identified Staff. In order to be able to align with the risk profile of institutions, a balance should be found between clarity and flexibility. Specific issues on which more guidance is needed are: (i) the definition of the term ‘material’, with regard to activities /subsidiaries /business lines as well as to 'other risk takers'. Without a better definition, institutions interpret functions (such as CFO and control functions) differently. (ii) the material impact of operating staff. This proves to be more difficult to determine than staff in hierarchical positions. (iii) the relevant level in the organisation. Some supervisors mention that it is not clear how far down in the organisation institutions have to select Identified Staff. Although low in hierarchy, certain activities of staff in lower positions can have an impact on the risk profile. (iv) the measurement of reputational risk and other not – easy – to – measure - risks when assessing the impact on the risk profile. (v) determination of the category of ‘risk takers who have collectively impact on the risk profile’.

Clear criteria for the identification of this category are lacking. (vi) the identification of Identified Staff within a group. Especially there are questions about the level within subsidiaries at which staff have to be identified (e.g. only the highest control function in a subsidiary or also the level below), and whether a further difference should be made between regulated and non-regulated subsidiaries. (vii) the application of the proportionality principle and the neutralization of requirements. Diverging regulation or supervisory guidance on this point could have impact on the level playing field.

Neutralization at the level of Identified Staff
Annex 2 of the CEBS Guidelines provides a table which shows the applicability and the possibility of neutralization of requirements for Identified Staff. In three jurisdictions neutralization is not possible. In all other jurisdictions neutralization is allowed for the requirements (o), (p) and (q): pay out in financial instruments (combined with retention) and deferral (including ex post adjustment). In a few jurisdictions institutions have made use of this. Reasons given for the neutralization of the requirements are: the business model in combination with the total (limited) number of employees; low ratio variable to fixed remuneration; the size of the group of persons which has collectively material impact; maximum threshold of total variable remuneration; the relative level of seniority of staff members; the size of the possible obligation entered into on behalf of the institution.

GOVERNANCE
Much progress has been made in the field of governance of remuneration. Both institutions and supervisors have increased their awareness in this respect and have taken concrete actions to strengthen the governance arrangements. This may be explained by the fact that governance of remuneration is part of broader governance reforms undertaken after the financial crisis.

The degree of compliance of national regulations with the Guidelines is therefore high. However, while many countries have proved themselves to be fully compliant from a regulatory point of view, many have pointed out that more time is still needed to complete an exhaustive assessment of good and bad practices. In a few circumstances, institutions claimed that the regulations were too recent to be fully and properly implemented. The Guidelines on corporate governance have been generally well implemented, in particular in respect of: the role and compensation of the management body in its supervisory and management functions5; the setting up, role and composition of the Rem Co and the definition, role and composition of the control functions. However, problems still persist in few limited areas; in these cases, supervisors have often expressly required institutions to rectify the practices and non-compliance (i.e. institutions have been asked to limit the role of the CEO, improve the formalisation and functioning of all the reporting lines, ensure adequate discussion among all corporate bodies etc.). The effective involvement of the control functions in the design, oversight and review of the overall remuneration policy is of paramount importance in order to achieve the prudential goals of CRD III and the Guidelines; nonetheless in many countries neither direct contact of the control functions with the bodies responsible for the design and approval of the compensation policy, nor access to the information needed to fully participate in the decision-making process seem to be guaranteed. There is room for further regulatory convergence across EU jurisdictions on some detailed aspect of the governance Guidelines. However, some other differences can not be removed, as they stem from national corporate governance legislative frameworks (e.g. some specificities may derive from the different allocation of roles and responsibilities within the management and supervisory boards). Despite significant progress, many countries raised specific concerns with regard to group-wide remuneration policies and the structural relationship between the parent company and its subsidiaries (from a governance point of view). This increases diversity across Member States.

The most frequent concerns mentioned are: the identification of the Identified Staff (see above in section 3.1.B - group context); clear documentation of the remuneration decision making process and the relationship between the subsidiaries and their parent company in that respect; the timely allocation of bonus pools at the subsidiary levels; too little or only an unbalanced interaction between the control functions (compliance, internal audit, HR) at parent and subsidiary level. There are good practices that may help in solving problems arising in the field of the group context.

For example:
1) the human resources function at the subsidiary level receives a yearly local inspection of its remuneration policy performed by group control functions; 2) the internal audit function of the parent company reports to the home supervisory authority about the remuneration policy of the whole group; 3) a clear documentation on which local specificities (activities and risks of a subsidiary, local regulatory environment etc.) apply and how they are integrated in the group policy. Besides encouraging these good practices, some supervisors have also required from parent institutions to provide them detailed data and information on the compensation schemes adopted at the subsidiary levels. Another good evolution is that cooperation and coordination initiatives amongst supervisory authorities have been activated, to ensure the effective compliance with regulation in cross-border groups.

France
French supervisors have required main banking institutions to report several months in advance their forecasting on the global pool of compensation that their business units and subsidiaries will submit to their control and supervisory functions. This practice has provided the French supervisor with both information and tools for 1. ensuring institutions’ ability to comply in real time with the requirement that compensation pools are effectively aligned with institutions’ risk profile and results; 2. testing the time needed for supervisory and control functions to perform in a group context an assessment of the amount and

computation modalities of compensation pools which are submitted by management functions.

RISK ALIGNMENT: UNDERDEVELOPED TECHNIQUES
The need for risk aligned variable remuneration was a core issue raised in the wake of the financial crisis. However, institutions and supervisors also had to focus on more supporting but important questions related to this risk alignment, such as the scope of remuneration requirements on institutions and staff. Therefore the issue of the actual risk alignment itself has to be given considerably more attention by institutions and supervisors. In this context, it is also important thatvariable remuneration is reduced where necessary to maintain, strengthen and restore a sound capital base.

OVERALL RISK ALIGNMENT
Risk alignment of variable remuneration has many different aspects that are reflected in CRD III and the Guidelines. The idea of risk alignment is embodied in several requirements like the alignment of remuneration systems with the institutions’ strategies, the prohibition of guaranteed bonuses, personal hedging strategies and golden parachutes, the implementation of minimum ratios fixed to variable remuneration, the limits to the variable compensation when inconsistent with a sound capital base as well as the use of risk adjusted performance parameters in the accrual period and of deferred variable remuneration with malus or clawback arrangements. Most of the reporting Member States stated that the national provisions with regard to risk alignment of the variable remuneration show no identifiable differences to the Guidelines. Often Member States keep the national provisions on a more abstract and compacted level than the Guidelines. Nevertheless the Guidelines are at least used for interpretation and are sometimes even directly referred to. Some Member States seem to accentuate certain aspects with regard to risk alignment in their regulation and their supervisory practices.

In some Member States the supervisory practice or regulation reached more prescriptive outcomes with regard to the scope or the maximum ratios of variable to fixed remuneration.

Alignment with strategies
Institutions’ remuneration system and especially the variable part of the remuneration influence employees’ behaviour with regard to (inappropriate) risk taking. Thus remuneration systems – intentionally or not – also serve as a management tool. As such remuneration systems could be aligned with institutions’ business and risk strategies as well as in the risk management system. The link between strategies and especially between risk strategies and the remuneration system is not always well developed or documented. In some cases this may also have to do with underdeveloped business and risk strategies that make it difficult to derive operational objectives from these strategies. Also remuneration systems are not always sufficiently embedded in the strategy planning, transposition, assessment and modification process. Thus, performance parameters used for risk management purposes are still underrepresented in remuneration systems. A good practice is to link the remuneration-related processes to the institutions’ business and risk strategy process. This ensures that the remuneration system is aligned with the strategies and the operational objectives derived from these strategies. Furthermore those functions that are in charge of the strategy process including the risk management function should formally be involved in the process of development, implementation and modification of a remuneration system especially with a view to the objectives set out at the different levels of an institution’s remuneration system.

Prohibitions
CRD III and the Guidelines disallow guaranteed bonuses (except when hiring new staff and limited to the first year of employment), personal hedging strategies to undermine the risk alignment effects as well as “golden parachutes” that would reward for failure, are not allowed.

All responding Member States adopted these requirements in their national jurisdictions. Most institutions incorporated the aforementioned prohibitions in their remuneration policies. Good progress has been made with a view to guaranteed bonuses. Except when hiring new staff and limited to the first year of employment guaranteed bonuses seem to play no relevant role in the remuneration practices of Member States' institutions. However, in practice also the classification of payments as guaranteed bonuses may not always be obvious. Supervisors notice cases where certain payments are presented as fixed payments, but where further examination of the characteristics of these payments leads to re-assessment of that qualification. A similar observation can be made with regard to golden parachutes. Their use is claimed to be nonexistent by institutions. Nevertheless, the classification of certain arrangements under "payments related to the early termination of a contract that do not reward for failure" may be questionable, e.g. in cases where persons have an entitlement to their fixed remuneration for the residual period of a fixed term contract in case the performance under that contract has been terminated before the originally anticipated term. With a view to the prohibition of hedging strategies and liability-related insurance it is good practice if institutions require a commitment of their employees to adhere to this requirement.

RATIOS VARIABLE TO FIXED
Overall national regulations are in line with the Guidelines' requirements to have an appropriately balanced ratio of variable to fixed remuneration to ensure a fully flexible bonus that could be zero. In some Member States this provision has to be applied by all institutions and for all employees and is not limited to Identified Staff. Most Member States leave it to the institutions to set an internal maximum ratio. This ratio can differ internally between business lines of an institution. The criteria by which institutions decide on the ratios in practice are not yet well known. This may have to do with the fact that the use of ratios has a certain tradition and is therefore not always explainable.

Another factor is market usages with a view to benchmarking among peer groups. However, it seems questionable whether institutions really use sophisticated approaches to determine such ratios. Only few Member States introduced maximum ratios. With the implementation of more detailed requirements for the variable part of the remuneration, industry shifted parts of the variable pay into the fixed part of the remuneration. Some Member States found it opportune to prevent this unintended consequence of CRD III and introduced a requirement to keep the variable part of the remuneration sufficiently high so that risk adjustment requirement can have sufficient impact on that part when needed. The ratios of variable to fixed remuneration for executive members of the management body (executives) and the other Identified Staff varied among Member States. Through the implementation report, data have been collected on the average and maximum ratios of variable to fixed remuneration paid in the different Member States to executives and other Identified Staff. National competent authorities were asked to base their data collection on a representative sample of institutions in their jurisdiction, comprising either 60% of total domestic banking assets or the 20 largest institutions. Aggregate information on fixed to variable remuneration ratios was reported as minimum and maximum and average among all observations on an individual bank basis. For the purpose of this report, Member State figures have then been aggregated at Union level. The data show that the median of the average ratios among MS is 122% for executives and 139% for the other identified staff. The highest value of the average ratios that were reported by the MS was 220% for executives and 313% for the other identified staff. Furthermore, looking at the maximum ratios reported by the MS, the median of this is 225% for executives and 324% for the other identified staff.

The highest reported values of these maximum ratios were 429% for executives and 940% for the other identified staff. Because of the differences in the degree to which Identified Staff are determined by the institutions (see above in this report in section 3.1.B) and because the sample of institutions for which data have been collected may include very different types of institutions depending on the Member State concerned, the level of detail of these data did not allow numerical conclusions to be drawn from them. However, the general conclusion is that in all Member States, the variable part of the remuneration exceeds the fixed remuneration considerably for all Identified Staff. Moreover, in all Member States, this ratio is generally higher for the category "other risk takers" than for the category "executive members" (for the categories, see paragraph 16 of the Guidelines). Taking into account the nominal pay levels for the fixed component for executives and the other risk takers, the ratios observed can lead to very high variable remuneration components. If the potential variable remuneration is the dominating part of the total remuneration, this could incentivise staff to take too much risk in order to assure a certain minimum pay level. Some supervisors informally communicate to their institutions a certain numerical maximum ratio of variable to fixed that they consider as appropriate; this allows them to obtain a clear level playing field in the whole sector under their supervision. In this context, observed practices within institutions are: - The remuneration policy determines in a detailed way the underlying reasons why for a particular business unit or person, it is considered appropriate to have a ratio variable to fixed remuneration above a certain level. - High ratios above a certain threshold are approved by the management body in its supervisory function. - Approval for ratios inside a division that exceed the average of the ratios inside this division considerably. - Higher ratios result in a higher part of the variable payment deferred as well as in longer deferral and retention periods.

RISK ALIGNMENT TECHNIQUES EX ANTE AND EX POST
Risk alignment of variable remuneration has two main perspectives. Risks already have to play a prominent role in the performance measurement or accrual period and the award process when a certain pool of variable remuneration is determined and then allocated to divisional subpools, business units and individuals (ex ante perspective). As this forward-looking ex ante perspective may not identify all risks that later may emerge , risks also have to be considered retrospectively similar to a back testing of the initially measured performance (ex post perspective). The ex post perspective of risk alignment is subject to those requirements that cover the pay out process of variable remuneration, especially in the deferral and malus or clawback arrangements. Although these two perspectives cannot be mixed, they can not be seen separately either. A more conservative approach in one perspective may allow for a more flexible approach in the other perspective. For example institutions that apply longer accrual periods with risk adjusted performance parameters may only apply the minimum deferral period of three years or use shorter retention periods for instruments like shares. The CRD III and the Guidelines require that the total variable remuneration does not limit the ability of institutions to maintain a sound capital base. In this respect, Member States shall have the power to impose corrective measures (e.g. limits to the variable remuneration, capital add-ons) and institutions shall have in place well-functioning ex ante (potential reduction of the bonus pool) and ex post risk alignment mechanisms. The responses received reveal that national regulations in the majority of Member States completely reflect the CRD III and Guidelines requirements. As regard practices carried out by institutions, the level of capital seems to be taken into account among the risk-adjustment indicators, but there is no evidence as to if and how it operated to reduce, when necessary, the overall variable remuneration.

Risk alignment of variable remuneration is the most challenging aspect of a sound remuneration system. The practices in institutions and experiences of supervisors are still nascent.

Ex ante perspective
An important way to incorporate risks in the system of measuring remuneration-related performance is the use of risk adjusted performance parameters. Risk adjusted parameters are still underrepresented among the quantitative performance parameters used by institutions to determine and allocate the bonus pools. This may be partly due to the limitations of existing measures for different types of risk and assets. Rather, performance criteria used by banks tend to include measures (such as revenues, profit, RoE, business volume, earnings per share,...) that may be subject to financial manipulation or do not provide employees with sufficient incentives to consider the quality of the business undertaken. Common techniques used to adjust profits and capital for risks are based on the calculation of economic profit or economic capital (VaR, RAROC, RORAC). Accounting profits do not capture adequately future risks and may imply a certain degree of judgment in decisions on the performance-related part of remuneration is necessary. Adjusting remuneration for risk over a multi-year period, seems also to be quite difficult to achieve in practice for an institution. However, if compensation schemes rely on imperfect risk measures, they run the risk of becoming ineffective and, more importantly, of creating arbitrage-like opportunities for employees to take on risks that are not fully recognized by the measures. It is therefore important for institutions not to rely blindly on their risk models but to make qualitative judgments as well. Institutions often also use discretion to adjust the bonus pools, e. g. to reflect external or unexpected events.

However, discretion is also used for upward adjustments which makes the measurement and award process less transparent and susceptible to possible manipulations. In this context a very important factor that is considered when bonus pools - not only on institutional level but also on divisional and business unit level - are adjusted by discretion is the competitive environment in which institutions have to retain or attract their staff. Therefore even a bonus pool which is calculated predominantly on the basis of conservative performance parameters is often dominated by the need to grant competitive remuneration packages and especially variable remuneration. This has an overriding effect on the risk adjusted performance parameters used. Many institutions determine and allocate their variable remuneration in more or less modified top-down approaches. A top-down approach starts by setting a bonus pool on the level of the institution, which is then allocated to business units and to individuals. Bigger institutions often have additional divisional sub pools under the bonus pool at the level of institution, which are then further distributed. On each of the aforementioned levels ex ante risk adjustment can be exercised. Furthermore institutions seem to use risk adjusted parameters more at higher bonus pool levels, i. e. at the level of institution and at divisional level. At the level of the business unit, but especially at individual level, consideration of risk metrics by institutions seems to be rarely used. Real risk adjustments at these levels are more based on red flags raised e. g. in case of breaches of compliance. The other performance parameters used at business unit and individual level seem to be based more on operating results and some qualitative parameters like customer satisfaction etc. Some jurisdictions have more detailed expectations with a view to the ratio of institution wide, business unit and individual performance parameters (e. g. management board: 50% institution wide, 50% individual; others: in principle 1/3 on each level).

The use of more risk adjusted performance parameters also at lower levels, i. e. business unit and individual level, should be a key future objective. This is because the behaviour of an employee in his specific job function will primarily be influenced by those parameters he can affect through his performance etc. It is good practice to use a combination of appropriate quantitative and qualitative parameters on each level of performance measurement, i. e. on institutional, divisional and business unit level as well as on individual level. Quantitative parameters that refer to the annual performance of the institutions should refer to a multi-year period to avoid a high volatility of these metrics, which could lead to inappropriate risk taking. There should also be a formalized process and predefined criteria for a possible discretionary adjustment of these parameters, especially to reflect the adjustment of profits. The Rem Co and risk management function should formally be involved in this process. Possible adjustments and their rationale should be documented and be part of the reporting to the management body in its supervisory function. Supervisors should ask for the full calculations behind variable remuneration, checking the traceability of the different decisions. Furthermore it is good practice to use the aforementioned performance parameters in combination with a secondary risk adjusted metric, which should coincide with the risk metrics used for risk management purposes at the respective level of performance measurement. For example, if the allocation of a divisional bonus pool to a business unit depends on operating results of a business unit, an existing VaR limit for this business unit could also serve as a performance cap. This performance cap would reduce the incentive to take higher risks in order to increase operative results. For supervisors, it is important to monitor the strength of the incentives given by remuneration to executives and identified staff, by looking, for instance, at how much executives and other identified staff are insulated from downside risks.

Ex post perspective
More improvements seem to be desirable with a view to sufficient sensitive malus criteria which trigger forfeiture of deferred, i. e. unvested, variable remuneration. Malus criteria used do not always reflect the back testing character, which is inherent in the idea of a malus, with regard to the initially measured performance. Often, the ex post risk adjustment is only qualitative in nature, or where it is quantitative in nature, it is not sufficiently defined. For example, institutions often use a “significant downturn” as a parameter for ex post risk adjustment, without giving any details on what a “significant downturn” means. Also the malus trigger should be applied at lower levels, i.e. business unit and individual level, as this has a more substantial effect on the employees’ behaviour (see above). Often malus triggers at lower levels do not take full account of negative operational performance and risk profiles of the business unit. At individual level a malus is often only triggered in the case of severe compliance breaches or when an employee leaves the firm voluntarily. It is good practice if malus or clawback arrangements include a performance forfeiture on each level where the performance initially was assessed, i.e. on the institutional, divisional and business unit level as well as on individual level. This performance forfeiture should revert to those performance parameters that were already used in the ex ante accrual process to assess the initial performance on the respective level.

SETTING UP MULTI YEAR FRAMEWORKS
Performance measurement periods, deferral schedules with malus or clawback arrangements attached to them and retention periods in case instruments are used to pay out variable remuneration introduce a multi-year element, linking the employees' compensation schemes to the long term performance of the institutions. This is by now a widespread practice in institutions. There are no major differences in the national regulation with respect to the requirements of the CRD and Guidelines for the different components of the multi year framework.

In some countries longer accrual periods of at least two years are expected for members of the management body. The portion of variable remuneration to be deferred varies between minimum 40% and 60%, as prescribed in CRD, while the deferral period varies between minimum 3 and 5 years. Some countries fixed a threshold of variable remuneration below which there is no requirement for deferral to take place. Another country fixed a threshold of variable remuneration for which 60% needs to be deferred. The payment is in general on a pro-rata basis, with yearly vesting periods after the end of the accrual period, as prescribed in the Guidelines. In general, no specific retention period has been fixed, an issue also left open in the Guidelines. Several countries, though, indicate a minimum retention period based on best practice and which can vary between 6 months and 2 years. Member States seem to comply as well with the application of the 50% minimum threshold for the instruments to be divided equally over the deferred and the non-deferred part, although some supervisors are of the opinion that rremuneration in shares is only likely to impact positively on behaviours if there is a requirement for the shares to be held for prolonged periods of time and that this is undermined by the requirement to pay 50% of the upfront portion in shares. Institutions signal the administrative burden in designing and implementing new CRD III compliant incentive plans. Another difficulty is adjusting the multi year framework to the tasks and responsibilities of the different Identified Staff; up to now, there is little differentiation among the different levels of personnel in the multi year elements that are applied to them. With a view to the length of the accrual period one year periods seem to be widespread. Nevertheless longer periods are also used, especially for higher management levels. For deferral, institutions stick to the legal minima, with little variation in the 40 to 60 % or the 3 to 5 years ranges.

The percentage deferred is however in general slightly higher for executive members of the management body. In almost all countries, most of the Identified Staff receives 50% of variable remuneration paid in instruments. The deferral period is 3 years in the practice of almost all countries. The retention period most commonly chosen is between 6 months and 18 months. Occasionally, conceptually wrong deferral schemes are persistently presently by institutions. The following examples show a good and an inappropriate practice to consider a multi-year performance measurement:

While the first example shows an approach that combines a longer accrual period with the other requirements of the CEBS Guidelines, especially with a view to the pay out requirements (deferral etc.), the approach in the second example does not. The approach in the second example considers the accrual period simultaneously as a deferral period. Beside the very clear textual distinction between these periods in CRD III and in the CEBS Guidelines, the approach unduly blends the ex ante and ex post perspectives of risk alignment. Finally the performance parameters can be changed annually during the accrual period. Thus the multi-year accrual period in fact has the character of a short term accrual period.

EBA, ESMA and EIOPA publish two reports on Money Laundering
The Joint Committee of the three European Supervisory Authorities (EBA, ESMA and EIOPA) has published two reports on the implementation of the third Money Laundering Directive [2005/60/EC] (3MLD). The “Report on the legal, regulatory and supervisory implementation across EU Member States in relation to the Beneficial Owners Customer Due Diligence requirements” analyses EU Member States’ current legal, regulatory and supervisory implementation of the anti - money laundering/counter terrorist financing (AML/CTF) frameworks related to the application by different credit and financial institutions of Customer Due Diligence (CDD) measures on their customers’ beneficial owners. The report sought to identify differences in the implementation of the Directive and to determine whether such differences create a gap in the EU AML/CTF regime that could be exploited by criminals for money laundering and terrorist financing purposes. The “Report on the legal and regulatory provisions and supervisory expectations across EU Member States of Simplified Due Diligence requirements where the customers are credit and financial institutions” provides an overview of EU Member States’ legal and regulatory provisions and supervisory expectations in relation to the application of Simplified Due Diligence (SDD) requirements of the 3MLD. The report focuses exclusively on one particular situation of low risk where SDD is applicable, namely where the customer is a credit or financial institution situated in a EU/EEA state or in a country that imposes equivalent AML/CFT requirements. Both reports come to the conclusion that there are significant differences in the implementation across the EU Member States, and that some of these differences could create undesirable effects on the common European Anti Money Laundering Regime. The reports find that some of these differences are not due to the Directive’s minimum harmonisation approach, but instead appear to stem from different national interpretations of the Directive’s requirements.

Both reports also call on the European Union to consider addressing these problems.

The Joint Committee
The Joint Committee is a forum for cooperation that was established on 1st January 2011, with the goal of strengthening cooperation between the European Banking Authority (EBA), European Securities and Markets Authority (ESMA) and European Insurance and Occupational Pensions Authority (EIOPA), collectively known as the three European Supervisory Authorities (ESAs). Through the Joint Committee, the three ESAs cooperate regularly and closely and ensure consistency in their practices. In particular, the Joint Committee works in the areas of supervision of financial conglomerates, accounting and auditing, microprudential analyses of crosssectoral developments, risks and vulnerabilities for financial stability, retail investment products and measures combating money laundering. In addition to being a forum for cooperation, the Joint Committee also plays an important role in the exchange of information with the European Systemic Risk Board (ESRB) and in developing the relationship between the ESRB and the ESAs.

BIS - Peer review of supervisory authorities' implementation of stress testing principles -April 2012
Stress testing is an important tool used by banks to identify the potential for unexpected adverse outcomes across a range of risks and scenarios. In 2009, the Committee reviewed the performance of stress testing practices during the financial crisis and published recommendations for banks and supervisors entitled Principles for sound stress testing practices and supervision. As part of its mandate to assess the implementation of standards across countries and to foster the promotion of good supervisory practice, the Committee's Standards Implementation Group (SIG) conducted a peer review during 2011 of supervisory authorities' implementation of the principles. The review found that stress testing has become a key component of the supervisory assessment process as well as a tool for contingency planning and communication. Countries are, however, at varying stages of maturity in the implementation of the principles; as a result, more work remains to be done to fully implement the principles in many countries. Overall, the review found the 2009 stress testing principles to be generally effective. The Committee, however, will continue to monitor implementation of the principles and determine whether, in the future, additional guidance might be necessary.

The global financial crisis and the 2009 stress testing principles
Stress testing is an important tool for banks to identify unexpected adverse outcomes across a range of risks. It plays a particularly important role in: - providing forward-looking assessments of risk; - overcoming limitations of models and historical data; - supporting internal and external communication; - feeding into capital and liquidity planning procedures; - informing the setting of banks’ risk tolerance; and - facilitating the development of risk mitigation or contingency plans across a range of stressed conditions. In 2009, the Committee reviewed the performance of stress testing practices during the crisis and found weaknesses in various areas. Based on the findings, and as part of its efforts to incorporate lessons from the crisis in supervisory practices, the Committee published recommendations for banks and supervisors entitled Principles for sound stress testing practices and supervision. The guidance sets out a comprehensive set of principles for the sound governance, design and implementation of stress testing programmes at banks. The principles also established high-level expectations for the role and responsibilities of supervisors in evaluating stress testing practices.

Scope of the review
As part of its mandate to assess the implementation of standards across countries, during 2011 the Committee's Standards Implementation Group undertook a peer review of supervisory authorities’ implementation of the principles. The review was conducted via an off-site survey of supervisory authorities. All Committee member countries and one non-member country participated in the review. The review focused primarily on progress in supervisory processes used to implement the principles. It was not designed to provide a detailed country-by-country assessment

or to assess the adequacy of banks' stress testing programmes. Increasingly, supervisory stress tests are being used to set minimum capital requirements, determine explicit capital buffers or to limit capital distributions by banks. This recent development was not extensively considered in the principles and as a result was not a key focus of the review.

Key findings Progress overview
In the period since the principles were issued, stress testing has become a key component of the supervisory assessment process as well as a tool for contingency planning and communication. Many of the countries participating in this peer review have been working to implement and refine stress testing frameworks and methodologies at the same time as their economies and banking systems have been affected by a high degree of global economic and financial uncertainty. Although many supervisory authorities and banks had operational stress testing frameworks in place, existing guidance and rules had to be revised and new expectations put in place to broaden and deepen stress testing capabilities at both banks and supervisory authorities. The review found that countries are at varying stages of maturity in their implementation of the principles. Nearly half of the countries were considered to be at an early stage. These countries showed some progress toward implementing the principles, but they may not have issued or finalised prudential requirements on enterprise-wide stress testing since the principles were published. They generally had not conducted regular on-site or off-site reviews other than in the context of risk-specific modelling requirements such as for market risk, and had conducted industry-wide stress tests infrequently, or only as part of International Monetary Fund Financial Sector Assessment Program (FSAP) reviews. In contrast, a few countries were considered to be advanced. For these countries, the survey responses provided evidence of a rigorous regular review process that included a combination of on-site and off-site assessments, some review and feedback on detailed stress testing models used by banks, evidence of follow-up actions and a

well-embedded supervisory stress testing programme that was not limited to externally imposed scenarios. The remainder of countries were found to fall between the above two groups. These countries have issued some formal requirements or guidance consistent with the principles, are generally performing regular supervisory stress tests on large banks in their jurisdictions and are reviewing stress testing in the context of annual internal capital adequacy assessment process (ICAAP) reviews and specific risk reviews. These countries have more to do in deepening their stress testing programmes, including issuing updated requirements and conducting more detailed on-site and off-site reviews of banks' stress testing capabilities.

Remaining challenges and examples of good practices
The most common overall supervisory approach was to conduct some review of banks' stress testing as part of regular ICAAP assessments and in the context of specific risks where ongoing supervisory review of exposure modelling is now routine, notably market and liquidity risks. Conducting more detailed, comprehensive reviews of banks' enterprise-wide stress testing governance and modelling as envisioned in the principles requires expert skills and resourcing at both banks and supervisors, and as a result has not yet become standard practice in many countries. A significant development in the last several years has been the increased use of supervisory stress tests. A majority of countries now regularly conduct mandated stress tests with prescribed scenarios across the large banks in their jurisdictions, although for some countries, this is limited to the FSAP stress tests. A number of countries noted the resource-intensive nature of industry-wide stress tests. In particular, the more advanced countries note that resourcing at both supervisory authorities and banks to support stress testing is challenging, with a trend towards establishing specially staffed units or internal task forces for stress testing. Many, however, found that these exercises have been helpful in terms of enhancing the visibility of stress testing and providing a structured basis for dialogue with banks on their capabilities.

It was noted that industry dialogue around mandated stress tests had led to improvements in bank capabilities. The following types of practices are also associated with relatively more advanced countries: - plans for, or completed horizontal or thematic reviews of, stress testing either at an enterprise-wide level or for specific portfolios; - engagement with boards of directors on stress testing scenarios and governance; - review of detailed evidence of how banks are using stress test outcomes in their decision-making and risk-appetite setting; - well-articulated plans for improving their stress testing supervision programmes; - involvement of both generalist and specialist supervision staff; and - publication of the results and provision of consistent feedback to banks. While not a primary focus of the peer review, many countries provided views on areas for improvement in stress testing practices at banks. These responses focused fairly consistently on areas such as governance and the use of stress testing in bank decision-making, data and information technology infrastructure, severity of scenarios and firm-wide modelling challenges. The review found the principles to be generally effective. The Committee, however, will continue to monitor implementation of the principles and determine whether, in the future, additional guidance might be necessary.

Introduction
Stress testing is an important tool for banks to identify unexpected adverse outcomes across a range of risks. The financial crisis highlighted significant weaknesses in banks' stress testing programmes that contributed to failures to identify the nature and magnitude of key risks. As a result, the Committee engaged with the industry in examining stress testing practices and, in May 2009, the Committee published recommendations for banks and supervisors entitled Principles for sound stress testing practices and supervision.

The guidance set out a comprehensive set of principles for the sound governance, design and implementation of stress testing programmes at banks. The principles established expectations for the role and responsibilities of supervisors in evaluating stress testing practices. Overall, the guidance includes fifteen principles for banks and six principles for supervisors. As part of its mandate to assess the implementation of its standards across countries, the Committee's Standards Implementation Group undertook a peer review of supervisory authorities’ implementation of the principles. The objectives of this review were to: - assess the extent to which the principles have been implemented in a rigorous and consistent manner across the Committee's member authorities; - identify and provide feedback on factors that are most critical to the effective implementation of the principles; and - assess the effectiveness of the principles themselves. An important element of the review was the context in which the principles are being implemented. Many of the countries participating in this peer review have been working to implement and refine stress testing frameworks and methodologies at the same time their economies and banking systems have been affected by a high degree of global economic and financial uncertainty. Although many supervisory authorities and banks had operational stress testing frameworks in place, existing guidance and rules had to be revised and new expectations put in place to broaden and deepen stress testing capabilities at both banks and supervisors. This is being done in a stressed environment and is also being conducted at a time when stress testing infrastructure, including the ability to collect appropriate data, develop models and aggregate results, is evolving. As a result, the current environment has provided a useful early test of how countries are putting the principles into practice. More broadly, it was evident that countries are implementing stress testing regimes and activities in different ways that may reflect their individual situations and not all will follow the same progression or path in implementing the principles.

The review was intended to deliver feedback on good supervisory practice to help supervisors implement standards more effectively. Indeed, several countries have reported significant progress subsequent to the completion of the peer review survey, particularly with regard to supervisory stress testing practices.

Methodology
The peer review was conducted through a questionnaire which was distributed to Committee member countries in September 2011. Analysis of the responses was conducted by a working group of representatives of supervisory authorities with expertise in stress testing. The questionnaire focused primarily on the implementation activities of supervisors and consisted of both factual multiple choice questions and free-form responses. The review team used the information provided by each country and, where relevant, source documents demonstrating its implementation of the principles, to assess and compare the progress made across countries. Given the off-site and high-level nature of the review, it was not intended to produce a definitive assessment of individual countries' implementation of the principles, but, rather, to allow an overall view of progress across countries. A detailed report was provided to the Standards Implementation Group and to the Committee. The review focused primarily on the implementation of principles 16-21 for supervisors, as it was not within the scope of the peer review to assess compliance by banks with principles 1-15 on stress testing practices. However, countries were invited to provide their views on the ease and effectiveness of implementation for each of the principles for banks in their jurisdiction. In their responses, supervisory authorities were asked to focus on supervision of the largest banks in their jurisdiction, although some also addressed their supervisory expectations for stress testing at smaller banks.

Assessment of principles for supervisors Overall maturity of implementation

For purposes of assessing and comparing implementation of the principles, participating countries were stratified as being in an early, intermediate or advanced state of implementation. These assessments were based on indicators of maturity developed for this purpose by the review team, as well as the quality and thoroughness of the questionnaire responses. Countries in the early category (nearly half of respondents) showed some progress towards implementing the principles; however, they may not have issued or finalised prudential requirements on enterprise-wide stress testing since the principles were published. These countries generally had not conducted regular on-site or off-site reviews other than in the context of risk-specific modelling requirements such as for market risk, and have conducted industry-wide stress tests infrequently, or only as part of FSAP reviews. In contrast, a few countries were classified as advanced. For these countries, the review team saw evidence of a rigorous regular review process that included a combination of: - on-site and off-site assessments; - some review and feedback on detailed stress testing models used by banks; - evidence of follow-up actions; and - a well-embedded supervisory stress testing programme that was not limited to FSAP or regionally-imposed scenarios. The remainder of countries (approximately half of respondents) fell into the intermediate category. These countries have issued some formal requirements or guidance consistent with the principles, were generally performing regular supervisory stress tests on their large banks and were reviewing stress testing in the context of annual ICAAP reviews and specific risk reviews. These countries have more to do in deepening their programmes, including issuing updated requirements and conducting more detailed on-site and off-site reviews of banks' stress testing capabilities. Notably, several countries have reported significant progress subsequent to the completion of the peer review survey, particularly with regard to supervisory stress testing practices and also in some cases issuance of stress testing requirements or guidance. Specific areas of supervisory activity in relation to the principles are discussed in more detail below.

Prudential framework
The review found that all countries have in place prudential requirements relating to stress testing. In many cases these requirements were implemented as a component of Basel II, namely the ICAAP requirements, or otherwise pre-date the principles. In addition, a large majority of the respondents stated that they had issued specific rules or guidance implementing the principles. However, approximately one-third of respondents has not issued any rules or guidance on stress testing post-2009, and thus would not be considered to have implemented the principles explicitly. These countries rely on other rules relating to stress testing, particularly under the Basel II credit or market risk requirements. In terms of future plans, a number of countries across different levels of maturity are in the process of, or are planning to strengthen or finalise guidance or regulations. In some cases, key elements of the principles have been incorporated into the Pillar 2 requirements and in other cases as (non-mandatory) guidance for banks. Some countries issued informal guidance based generally on the principles or on other regional guidelines. A number of countries are still in the early phases of issuing prudential expectations for enterprise-wide stress testing. At least a few countries have not yet issued requirements relating to Basel II ICAAPs, which was the most common means of implementing the principles. Other countries have already updated their rules and adapted the principles or other guidelines for their own circumstances. These would be considered to have a more mature supervision framework for stress testing. A few other countries have issued their own good practice guidelines which incorporate the principles as well as key findings from supervisory activities and industry dialogue. Roughly three-quarters of respondents reported that there have not been any impediments to implementing the principles. However, resourcing and other supervisory priorities were noted as a constraint by a number of other countries.

A number of countries asserted that because their banks or banking systems are not complex, some of the aspects of the principles are not relevant (eg structured products and highly leveraged counterparties). Further, banks in some jurisdictions generally do not have the infrastructure and skills to be able to comply with sophisticated stress testing requirements.

Supervisory review
Principle 16 recommends that supervisors should make regular and comprehensive assessments of banks' stress testing programmes. The review found that supervisory authorities use a combination of on-site and off-site reviews to assess banks’ stress testing practices. Most countries indicated that they have conducted some form of on-site review of stress testing at banks. For specific risk areas (primarily market, liquidity and to some extent credit risk), there are well established supervisory review programmes. Almost three-quarters of countries indicated that they perform extensive regular review of firm-wide stress testing practices. The most common approach for assessing firm-wide stress testing is through annual ICAAP reviews, which generally cover capital planning as well as other matters. Given the scope of ICAAP reviews, it may be difficult to assess all of the principles during a routine ICAAP review. Indeed, a few countries indicated that they conduct horizontal or thematic reviews specifically on firm-wide stress testing including the principles, which is considered a more advanced practice. The frequency of on-site reviews of firm-wide stress testing varied across countries. About one-third of countries conducted less-than-annual reviews (every 2-4 years) while roughly half of responding countries reported that they conduct annual or more frequent on-site reviews of stress testing. Some supervisors have conducted a one-time review of the principles through self-assessments, questionnaires, or benchmarking studies across a range of banks. In terms of the scope of supervisory review, supervisory activities regularly covered stress testing for firm-wide risks, general credit risks, retail mortgages and corporate credit risks, market risk, banking book interest rate risk and liquidity risk.

Authorities reported that areas such as operational risk, overseas operations, as well as specific portfolios such as commercial property and sovereign risks, receive less coverage. Supervisory authorities in most countries reported conducting annual or more frequent review of board and senior management reporting of stress test results. Use of stress testing in loan loss provisioning was reviewed regularly by about half of the countries. The role of stress testing to help set risk appetite and identify risk concentrations were areas that were less commonly reviewed; this is an area where supervisory and bank practice is at a very early stage. Review of contingency plans for operational risk is the surveyed area least likely to have been assessed by supervisors in the context of stress testing. Some countries noted different requirements or expectations of stress testing across banks, mainly depending on the banks’ systemic importance (including size, complexity and relevance to economy) and risk profile. Most emphasised that supervisors have proportionately different expectations when conducting stress testing reviews of smaller banks. Several countries (particularly those at the more advanced stages of implementation of the principles) indicated that they are planning to increase the expectations of smaller institutions with respect to stress testing going forward.

Supervisory action
Principle 17 indicates that supervisors should take action on deficiencies in banks' stress testing programmes. The review found that the two most common areas for supervisory follow-up were improving governance processes for stress testing and use of additional (in particular, more severe) scenarios. Many countries either regularly or occasionally imposed requirements to improve data or model validation processes. The least common supervisory follow-up action indicated in the responses was to require the bank to review or change limits or exposures (less than half of the countries reported taking this action regularly). Principle 19 encourages supervisors to consider the results of stress tests in assessing capital adequacy and in setting prudential buffers for capital and liquidity.

A large majority of countries indicated that they sometimes or regularly impose capital or liquidity requirements as a result of stress testing deficiencies. In particular, use of stress scenarios for setting liquidity requirements appears to be fairly well established, particularly as countries work toward implementing the Basel III liquidity framework, which is based on stressed cash flows. Nearly all of the countries indicated regular review of liquidity stress testing. Use of stress tests for setting minimum capital requirements, determining explicit capital buffers or for limiting capital distributions by banks is a more recent development that was not extensively considered in the principles and as a result was not a key focus of the review. A small number of countries indicated that stress testing has become a key tool for setting or assessing capital requirements. Some countries have issued new requirements in the past year or so specifically related to the use of stress tests in assessing capital adequacy. While use of stress tests to set formal minimum capital requirements is not common, use of standard supervisory stress scenarios as a benchmarking tool is increasingly prevalent. Other countries took the view that stress test results are just one factor in assessing how much capital is needed to offset the risk of unexpected losses. In a number of countries, and even those with fairly advanced stress testing supervision programmes, stress testing was seen as one of several tools in assessing capital adequacy and there was a reluctance to place primary reliance on stress test scenario outcomes. This may reflect the evolving nature of supervisory and bank practices.

Supervisory resourcing
As stress testing is a fairly new and specialised area of supervision, the review found that resourcing and capabilities for stress testing supervision were key challenges for many supervisory authorities. Only a few countries have established units specifically dedicated to stress testing. Most countries are primarily relying on separate teams of staff to conduct supervisory stress tests and, in many cases, also to review stress testing practices at banks.

These teams also perform other tasks in addition to reviewing or conducting stress testing. Typically, a set of specially trained supervisors is responsible for coordinating with banks with respect to the collection of data for stress testing and reviewing and consolidating the stress test information. Often an inter-departmental team is used to conduct the stress tests. In general, it was noted that staff with a variety of different backgrounds can be useful in stress testing, including macro-surveillance economists, risk specialists and modelling experts, as well as generalist supervisors who are most familiar with individual institutions or accounting experts. Similarly, most countries utilise both risk specialists and generalist supervisors in reviewing stress testing practices at banks. In most countries, generalist supervisors are involved in the review of stress testing practices; however, they are not generally involved in conducting supervisory stress tests. At the same time, some countries noted that where stress testing is allocated to a separate unit, it can be more difficult to ensure that stress testing is embedded within routine supervision and that stress test outcomes are understood and used by the generalist supervisors. This was seen as an evolving challenge. The more advanced countries, in particular, noted a general lack of specialised stress testing resources. Indeed, some countries found that prioritisation of supervisory work is a major issue as key individuals involved often have other responsibilities. Most countries indicated they had established some form of training programme on stress testing for supervisors. In many cases, the training was of a quite general nature and in some cases limited to presentation of the results of supervisory stress tests or high-level discussion in the context of introductory training on Pillar 2 approaches. A few countries provide quite advanced training programmes, including case studies, and some offer training to other countries' supervisors or to banks in their jurisdiction. Not surprisingly, several countries noted that stress testing training is an area of focus in their future plans.

Supervisory stress testing
Principle 20 recommends that supervisors should consider implementing stress test exercises based on common scenarios. It is clear that there has been a significant increase in the use of supervisory stress tests in recent years. In fact, all countries indicated that they conduct some form of supervisory stress test. As a result, progress in this area can be considered more advanced generally than some other aspects of the principles. Portfolio-level stress tests were reported by more than half of the countries. In recent years, this has included specific stress tests on, for example, housing loan portfolios, consumer debt, sovereign risks and liquidity risk. Some countries indicated that they conduct very frequent sensitivity testing for specific risks, for example, applying market risk and liquidity shocks on a regular basis. In terms of firm-wide stress tests based on a common scenario, there was a range of experience. A few countries have performed FSAP stress tests only. While these stress tests provide an important basis and experience for designing supervisory stress tests, in many cases they tended to be led by the FSAP mission team and the national central bank, and did not have a supervisory focus. About one-third of countries were not running stress tests on a firm-wide basis. In a couple of countries, firm-wide stress tests were conducted by the (non-supervisory) central bank, although with some involvement by the supervisory authority. Many countries conduct both bank-run and supervisor-run stress tests. This can involve the supervisory authority running the same scenario using supervisory or public data in order to benchmark banks' results from the bank-run stress test. Some countries run both regional and country-specific stress tests. Directing banks to run a stress test using a common scenario is considered to be a more advanced practice for supervisors, as it requires

more detailed understanding of bank modelling capabilities and an ability to assess the results. About half of the countries have conducted bank-run, firm-wide stress tests (outside of the FSAP process), of which about half conduct these on an annual basis.

Supervisory assessment and challenge
The overall assessment and challenge of the reasonableness of banks' stress test scenarios and outputs is a difficult area for supervision. In many countries, the models, assumptions and approaches used are evolving, and banks are at varying degrees of sophistication. At a general level, the review found a range of supervisory methods for challenging the scope and results of banks’ stress tests and scenarios. The most widely used method was to compare outputs with historical experience, such as a past severe recession. However, in countries with little history of financial crisis, this approach may be more difficult. A number of countries conducted their own parallel stress tests on bank financial data to benchmark results produced by banks or placed high reliance on reasonableness checks based on supervisors’ understanding of portfolios. Peer comparisons were very useful in countries where banks subject to stress testing are comparable in size and scope. Some countries facilitate this by requiring banks to report the results of their stress tests in a standardised manner. A number of countries also place moderate to high reliance on banks' own internal model validation reporting. Independent review by external auditors or consultants can be one element of the assessment and challenge process for some countries. But more than half of countries indicated they do not rely at all on independent review of stress testing results as part of their supervision activities. Another supervisory trend is that supervisory authorities are more actively reviewing scenarios chosen by the banks in their internal stress testing and, for example, the banks’ ICAAPs. Monitoring or keeping a systematic inventory of scenarios used by banks is a more advanced practice as it allows better benchmarking of

peer banks’ internal view of stressed conditions and possible vulnerabilities. Several countries maintain a database of scenarios used by their banks, and others have plans to do this. Over half of the countries periodically review the scenarios used by banks in their internal stress testing. A few countries in the earlier stages of maturity were not regularly reviewing scenarios used by banks. Supervisory authorities in several countries indicated that they have performed reverse stress tests, that is, stress tests designed to be sufficiently severe that they challenge the viability of the bank. However, reverse stress testing has not become a common supervisory practice. In fact, the supervisory stress tests appear to be the vehicle for assessing the impact of more severe scenarios. In terms of the choice of scenario for supervisory stress tests, the most common approach was to look to a previous severe recession or input from the central bank. Also very common was to target the scenario to known vulnerabilities. About half of the countries have used externally prescribed scenarios (for example, from a regional authority or FSAP process).

Dialogue with public and private sectors
Stress testing is increasingly part of the public debate on the strength and transparency of supervision. Supervisory authorities have regular discussions with banking industry risk officers or hold occasional seminars, workshops or roundtables with banks to exchange experiences on stress testing methodologies and use of results. In some cases, this has resulted in publication of local industry guidance based on the Committee's principles. Some supervisors also have a formal process for coordinating with other official organisations within their country. In some cases, a formal committee of regulators and other authorities (including the central bank) discusses systemic vulnerabilities and provides input into stress testing programmes and the scenarios to be tested.

A number of other supervisors coordinate with their central bank in conducting a quantitative macroeconomic stress test, including consideration of potential systemic issues that may be caused by banks’ management reactions to a common stress scenario. Regional-level coordinating bodies have also become increasingly important.

Effective supervisory approaches
The review highlighted a number of different supervisory approaches that appear to have been more effective and are reflective of more advanced progress. One of the most effective tools in advancing stress testing practices has been the significantly heightened focus on industry-wide supervisory stress tests. Many countries found that this process has helped focus on common expectations, provide a structured approach for dialogue on better stress testing practices, and identify gaps in banks' stress testing infrastructure. By challenging the loss results reported by banks on the prescribed scenarios, supervisors have motivated banks to justify their results and hence improve their internal assessment of key risk areas. In contrast, there was some evidence that countries that have only conducted supervisory stress tests or supervisory review of stress testing practices without leveraging these two aspects together have not made as much progress in implementing the principles. In addition, countries that address bank stress testing practices through the ICAAP review process have generally found this to be an effective mechanism, although periodic horizontal or thematic reviews that allow detailed comparison of practices across banks is a more advanced approach that is in use or under consideration in some countries. A formal self-assessment process conducted in some countries helped banks identify where their practices are consistent with the principles and where gaps exist in stress testing programmes. Open dialogue with banks was also seen as a key element of an effective supervisory programme. Annual meetings with banks can include discussions of risk developments and best practices in stress testing that effectively create incentives for banks to strengthen their own practices. Another approach highlighted by some countries was to engage in dialogue on scenario selection, dynamics of models, reporting templates

and data capabilities, and overall robustness of the stress test at the highest level of bank management. Several countries have issued publications describing observed good practices arising from benchmarking or initial implementation reviews of the principles. This type of guidance allows banks to benchmark themselves against their local peers. Banks, and to some extent regulators, are increasingly using stress testing as a means of communicating their risk profiles to the market. However, disclosure requirements and practices vary considerably by country. Many countries now publish aggregate summaries of stress tests results in their regular financial stability reports, and in some cases outcomes for individual banks. Some banks now routinely provide stress test results as part of their financial results.

Future plans
Most supervisory authorities described future enhancements to their stress testing supervision programmes. Those countries in the early phases of maturity are planning to issue, finalise or update rules on stress testing and to commence review and assessment of stress testing practices. Some are also conducting supervisory stress tests for the first time. Those supervisory authorities in intermediate to advanced stages of maturity plan to focus on deepening their current on-site and off-site review programmes, with the aim of better assessing how stress test outcomes are used in bank decision-making and risk appetite setting. Stress testing results are expected to have a greater impact on contingency planning including recovery and resolution. Additional supervisory work is planned for identifying and assessing how banks are integrating stress tests results in the development of risk appetite and overall risk management. Some supervisors will also use horizontal reviews across multiple banks to assess these areas as well as to benchmark banks’ internal stress test scenarios and assumptions. Greater focus on the use of stress test outputs in assessing capital adequacy and liquidity was evident in a few countries, with some also

Principles for Banks
As the peer review focused on supervisory implementation, an assessment of stress testing practices at banks was not within the scope of this review. Nevertheless, many countries provided high-level comments on progress of banks in their jurisdictions that were reasonably consistent and may be of broader interest. In particular, all countries reported significant improvements in stress testing capabilities at banks since publication of the principles. Authorities noted an overall improvement in the rigor and quality of stress testing and the quality of information presented in ICAAPs. Risk-specific stress testing, particularly regarding market and liquidity risk, was found to be reasonably well developed. More recently, banks have focused increasingly on centralised, firm-wide stress testing that encompasses a broader range of risks, but many countries note this area is still evolving. Banks have strengthened their resourcing, with some banks now having set up dedicated stress testing units. Banks are using a broader range of scenarios, including those that are more severe and complex. However, as noted below, many countries indicated that banks’ scenarios continue to be less severe than supervisors might find appropriate. Banks generally are establishing stronger governance frameworks with clear lines of responsibility for stress testing, and some banks are giving more importance to stress test results in their decision making. Some countries have seen an improvement in data systems and ability to adapt to new vulnerabilities and specific scenarios. The level of documentation has also improved. Countries' responses to the review survey highlighted the following common areas of future improvement in bank stress testing practices.

Integrating results into decision-making.
A number of countries pointed to challenges banks have in incorporating stress test results into business and strategic decisions.

Stress testing tools are still immature and some countries felt that in many cases the banks take a compliance-oriented approach in order to meet regulatory requirements.

Governance
There is a sense that banks need to have a better understanding of stress testing limitations, assumptions, and uncertainties by users of stress test results, including senior management and the board of directors.

Severity of scenarios
A number of countries saw a need for firms to deepen the severity of scenarios. Supervisors in these countries remain concerned that banks' internal stress test scenarios do not plausibly reflect potential severe scenarios and outcomes.

Data and IT infrastructure.
A number of countries noted that data and IT systems remain a key impediment to implementing effective stress testing programmes. Accumulation of sufficient data for modelling purposes is a challenge for banks in some countries and aggregating information across the bank remains an issue. Generally, some manual intervention is needed to support the banks’ current IT and data infrastructure to run regular stress tests.

Modelling issues
Translating and calibrating scenarios into stress outcomes continues to be an area where banks' capabilities are challenged. Multiple risk class impacts generally have not been modelled in a sophisticated manner, although some banks attempt to take into account correlations between risks. Incorporating feedback effects and system-wide interactions remains very difficult. Another technical area cited is the identification and aggregation of correlated risks and integration between credit, market and liquidity risks.

Conclusions
The current environment has provided a sound test of how countries are putting into practice the Committee's 2009 principles for stress testing supervision. There is clearly room for further progress among the supervisory community in the supervision of stress testing. Many countries in the early to intermediate stages of implementation are working to finalise their prudential requirements for stress testing and implement regular review programmes that cover enterprise-wide stress testing governance, capabilities and models. Even those countries considered to be in the advanced phase of implementation of the principles felt that there are many remaining challenges with respect to their own stress testing programmes. Authorities are continuing with their efforts to embed the use of stress testing within their supervisory programmes. In many cases, this requires additional resources and training for both generalist and specialist supervision staff. Stress testing infrastructure, including the ability to collect appropriate data, develop models and aggregate results, continues to evolve. Explicit consideration of stress test outcomes in assessing liquidity and market risk capital requirements is well established in supervisory frameworks. Stress testing has traditionally not featured as prominently in assessment of overall bank capital adequacy but practices are evolving in this area. The peer review has highlighted that there are different supervisory approaches and it is difficult to state which is most effective. A combination of supervisory stress tests together with involvement of generalist and specialist supervision staff in reviews of banks’ stress testing practices at an enterprise-wide level often characterises the more well developed supervisory programmes. More advanced countries are encouraging development of more rigorous practices at banks by conducting horizontal and thematic reviews, publishing the results and providing feedback to banks. Finally, while the review found the principles themselves to be generally effective in setting high-level expectations, the Committee will continue

to monitor implementation of the principles and determine whether, in the future, additional guidance might be necessary.
1 Stress testing should form an integral part of the overall governance and risk management culture of the bank. Stress testing should be actionable, with the results from stress testing analyses impacting business decisions of the board and senior management. Board and senior management involvement in the stress testing programme is essential for its effective operation A bank should operate a stress testing programme that promotes risk identification and control; provides a complementary risk perspective to other risk management tools; improves capital and liquidity management; and enhances internal and external communication. Stress testing programmes should take into account of views from across the organisation and should cover a range of perspectives and techniques. A bank should have written policies and procedures governing the stress testing programme. The operation of the programme should be appropriately documented. A bank should have a suitably robust infrastructure in place, which is sufficiently flexible to accommodate different and possibly challenging stress tests at an appropriate level of granularity. A bank should regularly maintain and update its stress testing framework. The effectiveness of the stress testing programme, as well as the robustness of major individual components, should be assessed regularly and independently. Stress tests should cover a range of risks and business areas, including at the firm-wide level. A bank should be able to integrate effectively, in a meaningful fashion, across the range of its stress testing activities to deliver a complete picture of firm-wide risk. Stress testing programmes should cover a range of scenarios, including forward-looking scenarios, and aim to take into account system-wide interactions and feedback effects. Stress tests should feature a range of severities, including events capable of generating the most damage whether through size of loss or through loss of reputation. A stress testing programme should also determine what scenarios

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could challenge the viability of the bank (reverse stress tests) and thereby uncover hidden risks and interactions among risks. 10 As part of an overall stress testing programme, a bank should aim to take account of simultaneous pressures in funding and asset markets, and the impact of a reduction in market liquidity on exposure valuation. The effectiveness of risk mitigation techniques should be systematically challenged. The stress testing programme should explicitly cover complex and bespoke products such as securitised exposures. Stress tests for securitised assets should consider the underlying assets, their exposure to systematic market factors, relevant contractual arrangements and embedded triggers, and the impact of leverage, particularly as it relates to the subordination level in the issue structure. The stress testing programme should cover pipeline and warehousing risks. A bank should include such exposures in its stress tests regardless of their probability of being securitised. A bank should enhance its stress testing methodologies to capture the effect of reputational risk. The bank should integrate risks arising from off-balance sheet vehicles and other related entities in its stress testing programme. A bank should enhance its stress testing approaches for highly leveraged counterparties in considering its vulnerability to specific asset categories or market movements and in assessing potential wrong-way risk related to risk mitigation techniques. Supervisors should make regular and comprehensive assessments of a bank's stress testing programme. Supervisors should require management to take corrective action if material deficiencies in the stress testing programme are identified or if the results of stress tests are not adequately taken into consideration in the decision-making process. Supervisors should assess and if necessary challenge the scope and severity of firm-wide scenarios. Supervisors may ask banks to perform sensitivity analysis with respect to specific portfolios or parameters, use specific scenarios or to evaluate scenarios under which their viability is threatened (reverse stress testing

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scenarios). 19 Under Pillar 2 (supervisory review process) of the Basel II framework, supervisors should examine a bank's stress testing results as part of a supervisory review of both the bank's internal capital assessment and its liquidity risk management. In particular, supervisors should consider the results of forward-looking stress testing for assessing the adequacy of capital and liquidity. Supervisors should consider implementing stress test exercises based on common scenarios. Supervisors should engage in a constructive dialogue with other public authorities and the industry to identify systemic vulnerabilities. Supervisors should also ensure that they have the capacity and skills to assess a bank's stress testing programme.

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DARPA SEEKS ROBOT ENTHUSIASTS (AND YOU) TO FACE OFF FOR $2M PRIZE!
Hardware, software, modeling and gaming developers sought to link with emergency response and science communities to design robots capable of supervised autonomous response to simulated disaster As iconic symbols of the future, robots rank high with flying cars and starships, but basic robots are already in use in emergency response, industry, defense, healthcare and education. DARPA plans to offer a $2 million prize to whomever can help push the state-of-the-art in robotics beyond today’s capabilities in support of the DoD’s disaster recovery mission. DARPA’s Robotics Challenge will launch in October 2012. Teams are sought to compete in challenges involving staged disaster-response scenarios in which robots will have to successfully navigate a series of physical tasks corresponding to anticipated, real-world disaster-response requirements. Robots played a supporting role in mitigating fallout from the Fukushima nuclear plant disaster in Japan, and are used by U.S. military forces as assistants for servicemembers in diffusing improvised explosive devices. True innovation in robotics technology could result in much more effective robots that could better intervene in high-risk situations and thus save human lives and help contain the impact of natural and man-made disasters. The DARPA Robotics Challenge consists of both robotics hardware and

software development tasks. It is DARPA’s position that achieving true innovation in robotics, and thus success in this challenge, will require contributions from communities beyond traditional robotics developers. The challenge is structured to increase the diversity of innovative solutions by encouraging participation from around the world including universities, small, medium and large businesses and even individuals and groups with ideas on how to advance the field of robotics. “The work of the global robotics community brought us to this point—robots do save lives, do increase efficiencies and do lead us to consider new capabilities,” said Gill Pratt, DARPA program manager. “What we need to do now is move beyond the state of the art. This challenge is going to test supervised autonomy in perception and decision-making, mounted and dismounted mobility, dexterity, strength and endurance in an environment designed for human use but degraded due to a disaster. Adaptability is also essential because we don’t know where the next disaster will strike. The key to successfully completing this challenge requires adaptable robots with the ability to use available human tools, from hand tools to vehicles. “Robots undoubtedly capture the imagination, but that alone does not justify an investment in robotics,” said DARPA Acting Director, Kaigham J. Gabriel. “For robots to be useful to DoD they need to offer gains in either physical protection or productivity. The most successful and useful robots would do both via natural interaction with humans in shared environments.” The DARPA Robotics Challenge supports the National Robotics Initiative launched by President Barack Obama in June 2011. To answer questions regarding the Robotics Challenge and provide an opportunity for interested parties to connect, DARPA will hold a virtual Proposers’ Day workshop on April 16, 2012. This online workshop will introduce interested communities to the effort, explain the mechanics of this DARPA challenge, and encourage collaborative arrangements among potential performers from a wide range of backgrounds.

The meeting is in support of the DARPA Robotics Challenge Broad Agency Announcement.

In the States, President Obama signed the Jumpstart Our Business Startups (JOBS) Act, a bipartisan bill that encourages startups and support small businesses. In the world, we will have interesting changes in risk management and corporate governance, as the Financial Stability Board finds that the global financial crisis highlighted a number of corporate governance failures and weaknesses in financial institutions, including inappropriate Board structures and processes, weak risk governance systems, and unduly complex or opaque firm organisational structures and activities. In Europe, we have a very important development. The impact of the new Basel III framework is monitored semi-annually by both the Basel Committee at a global level and the European Banking Authority (EBA, formerly CEBS) at the European level, using data provided by participating banks on a voluntary and confidential basis. Well, in Europe, the aggregate Group 1 and Group 2 shortfall of liquid assets is at approx. €1.2 trillion which represents 3.7% of the approx. €31 trillion total assets of the aggregate sample. [Group 1 banks are those with Tier 1 capital in excess of €3 bn and internationally active. All other banks are categorized as Group 2 banks] A total of 158 banks submitted data for this exercise, consisting of 48 Group 1 banks and 110 Group 2 banks. For the banks in the sample, monitoring results show a shortfall of liquid assets of €1.15 trillion (which represents 3.7% of the €31 trillion total assets of the aggregate sample) as of 30 June 2011, if banks were to make no changes whatsoever to their liquidity risk profile.

April 2012 Results of the Basel III monitoring exercise as of 30 June 2011
To assess the impact of the new capital and liquidity requirements set out in the consultative documents of June and December 2009, both the Basel Committee on Banking Supervision and the Committee of European Banking Supervisors (CEBS) conducted a so-called comprehensive quantitative impact study (C-QIS) for their member jurisdictions based on data as of 31 December 2009. The main results of both impact studies have been published in December 2010. After finalisation of the regulatory framework (referred to as “Basel III”) in December 2010, the impact of this new framework is monitored semi-annually by both the Basel Committee at a global level and the European Banking Authority (EBA, formerly CEBS) at the European level, using data provided by participating banks on a voluntary and confidential basis. This report summarises the results of the latest monitoring exercise using consolidated data of European banks as of 30 June 2011. A total of 158 banks submitted data for this exercise, consisting of 48 Group 1 banks and 110 Group 2 banks. [Group 1 banks are those with Tier 1 capital in excess of €3 bn and internationally active. All other banks are categorised as Group 2 banks] Member countries’ coverage of their banking system was very high for Group 1 banks, reaching 100% coverage for many jurisdictions (aggregate coverage in terms of Basel II risk-weighted assets: 98.5%), while for Group 2 banks it was lower with a larger variation across jurisdictions (aggregate coverage: 35.8%). Furthermore, Group 2 bank results are driven by a relatively small number of large but non-internationally active banks, ie the results presented in this report may not be as representative as it is the case for Group 1 banks. [There are 19 Group 2 banks that have Tier 1 capital in excess of €3 billion. These banks account for 64.3% of total Group 2 RWA.] Since the new EU directive and regulation are not finalised yet, no EU specific rules are analysed in this report.

Accordingly, this monitoring exercise is carried out assuming full implementation of the Basel III framework, ie transitional arrangements such as phase-in of deductions and grandfathering arrangements are not taken into account. The results are compared with the respective current national implementation of the Basel II framework. In addition, it is important to note that the monitoring exercise is based on static balance sheet assumptions, ie capital elements are only included if the eligibility criteria have been fulfilled at the reporting date. Planned management actions to increase capital or decrease risk-weighted assets are not taken into account (“static balance sheet assumption”). This allows for identifying effective changes in banks’ capital base instead of identifying changes which are solely based on changes in underlying modelling assumptions. As a consequence, monitoring results are not comparable to industry estimates as the latter usually include assumptions on banks’ future profitability, planned capital and/or further management actions that mitigate the impact of Basel III. In addition, monitoring results are not comparable to C-QIS results, which assessed the impact of policy proposals published in 2009 that differed significantly from the final Basel III framework. The actual capital and liquidity shortfalls related to the new requirements by the time Basel III is fully implemented will differ from those shown in this report as the banking sector reacts to the changing economic and regulatory environment. The monitoring exercise provides an impact assessment of the following aspects: - Changes to banks’ capital ratios under Basel III, and estimates of any capital shortfalls. In addition, estimates of capital surcharges for global systemically important banks (G-SIBs) are included, where applicable; - Changes to the definition of capital that result from the new capital standard, referred to as common equity Tier 1 (CET1), including modified rules on capital deductions, and changes to the eligibility criteria for Tier 1 and total capital; - Changes in the calculation of risk-weighted assets (RWA) resulting from changes to the definition of capital, securitisation, trading book and counterparty credit risk requirements; - The capital conservation buffer;

Key results - Impact on regulatory capital ratios and estimated capital shortfall
Assuming full implementation of the Basel III framework as of 30 June 2011 (i.e. without taking into account transitional arrangements), the CET1 capital ratios of Group 1 banks would have declined from an average CET1 ratio of 10.2% (with all country averages above the 7.0% target level) to an average CET1 ratio of 6.5%. 80% of Group 1 banks would be at or above the 4.5% minimum while 44% would be at or above 7.0% target level. The CET1 capital shortfall for Group 1 banks is €18 bn at a minimum requirement of 4.5% and €242 bn at a target level of 7.0% (including the G-SIB surcharge). As a point of reference, the sum of profits after tax prior to distributions across the Group 1 sample in the second half of 2010 and the first half of 2011 was €102 bn. With respect to the average Tier 1 and total capital ratio, monitoring results show a decline from 11.9% to 6.7% and from 14.4% to 7.8%, respectively. Capital shortfalls comparing to the minimum ratios (excl. the capital conservation buffer) amount for €51 bn (Tier 1 capital) and €128 bn (total capital). Taking into account the capital conservation buffer and the surcharge for systemically important banks, the Group 1 banks’ capital shortfall rises to €361 bn (Tier 1 capital) and €485 bn (total capital). For Group 2 banks, the average CET1 ratio declines from 9.8% to 6.8% under Basel III, where 87% of the banks would be at or above the 4.5% minimum and 72% would be at or above the 7.0% target level. The respective CET1 shortfall is approx. €11 bn at a minimum requirement of 4.5% and €35 bn at a target level of 7.0%. The sum of profits after tax prior to distributions across the Group 2 sample in the second half of 2010 and the first half of 2011 was €17 bn.

Main drivers of changes in banks’ capital ratios
For Group 1 banks, the overall impact on the CET1 ratio can be attributed in almost equal parts to changes in the definition of capital and to changes related to the calculation of risk-weighted assets: while CET1 declines by 22.7%, RWA increase by 21.2%, on average. For Group 2 banks, while the change in the definition of capital results in a decline in CET1 of 25.9%, the new rules on RWA affect Group 2 banks far less (+6.9%), which may be explained by the fact that these banks´ business models are less reliant on exposures to counterparty and market risks (which are the main drivers of the RWA increase under the new framework). Reductions in Group 1 and Group 2 banks’ CET1 are mainly driven by goodwill (-17.3% and -14.8%, respectively), followed by deductions for holdings of capital of other financial companies (-4.4% and -7.0%, respectively). As to the denominator of regulatory capital ratios, the main driver is the introduction of CVA capital charges which result in an average RWA increase of 8.0% and of 2.9% for Group 1 and Group 2 banks, respectively. In addition to CVA capital charges, trading book exposures and the transition from Basel II 50/50 deductions to a 1250% risk weight treatment are the main contributors to the increase in Group 1 banks’ RWA. As Group 2 banks are in general less affected by the revised counterparty credit risk rules, these banks show a much lower increase in overall RWA (+6.9%). However, even within this group, the RWA increase is driven by CVA capital charges, followed by changes related to the transition from Basel II 50/50 capital deductions to a 1250% risk weight treatment, and to the items that fall below the 10/15% thresholds.

Leverage ratio
Monitoring results indicate a positive correlation between bank size and the level of leverage, since the average LR is significantly lower for Group 1 banks. Assuming full implementation of Basel III, Group 1 banks show an average Basel III Tier 1 leverage ratio (LR) of 2.7%, while Group 2 banks’ leverage ratio is 3.4%. 41% of participating Group 1 and 72% Group 2 banks would meet the 3% target level as of June 2011. If a hypothetical current leverage ratio was already in place, Group 1 and Group 2 banks’ LR would be 4.0% and 4.7%, respectively.

Liquidity standards
A total of 156 Group 1 and Group 2 banks participated in the liquidity monitoring exercise for the end-June 2011 reporting period. Group 1 banks have reported an average LCR of 71% while the average LCR for Group 2 banks is 70%. The aggregate Group 1 and Group 2 shortfall of liquid assets is at approx. €1.2 trillion which represents 3.7% of the approx. €31 trillion total assets of the aggregate sample. Group 1 banks reported an average NSFR of 89% (Group 2 banks: 90%). To fullfil the minimum standard of 100% on a total basis, banks need stable funding of approx. €1.9 trillion. Both liquidity standards are currently subject to an observation period which includes a review clause to address any unintended consequences prior to their respective implementation dates.

1. General remarks
In September 2010, the Group of Governors and Heads of Supervision (GHOS), the Basel Committee on Banking Supervision’s oversight body, announced a substantial strengthening of existing capital requirements and fully endorsed the agreements reached on 26 July 2010. Since the beginning of 2011, the impact of the new requirements related to these capital reforms and the introduction of two international liquidity standards is monitored and evaluated by the Basel Committee on Banking Supervision on a semi-annual basis for its member jurisdictions. At European level, this analysis is conducted by the European Banking Authority (EBA), also based on the Basel III reform package as the CRD IV, the European equivalent to the Basel III framework, has not yet been finalised. This report presents the results of the latest monitoring exercise based on consolidated data of European banks as of 30 June 2011. The monitoring exercise provides an impact assessment of the following aspects: - Changes to banks’ capital ratios under Basel III, and estimates of any capital shortfalls. In addition, estimates of capital surcharges for global systemically important banks (G-SIBs) are included, where applicable; - Changes to the definition of capital that result in a new capital standard, referred to as common equity Tier 1 (CET1), a reallocation of regulatory adjustments to CET1 and changes to the eligibility criteria for Tier 1 and total capital,

- Changes in the calculation of risk-weighted assets due to changes to the definition of capital, trading book, securitisation and counterparty credit risk requirements, - The capital conservation buffer of 2.5%, - The introduction of a leverage ratio and - The introduction of two international liquidity standards – the Liquidity Coverage Ratio (LCR) and the Net Stable Funding Ratio (NSFR) The related policy documents are: - Revisions to the Basel II market risk framework9 and Guidelines for computing capital for incremental risk in the trading book; - Enhancements to the Basel II framework11 which include the revised risk weights for re-securitisations held in the banking book; - Basel III: A global framework for more resilient banks and the banking system as well as the Committee’s 13 January press release on loss absorbency at the point of non-viability; - International framework for liquidity risk measurement, standards and monitoring; and - Global systemically important banks: Assessment methodology and the additional loss absorbency requirement.

1.1. Sample of participating banks
The report includes an analysis of data submitted by 48 Group 1 banks from 16 countries and 110 Group 2 banks from 18 countries. Table 1 shows the distribution of participation by jurisdiction.

Coverage of the banking sector is high, reaching 100% of Group 1 banks in some countries (aggregate coverage in terms of Basel II risk-weighted assets: 98.5%). Coverage of Group 2 banks is lower and varies across countries (aggregate coverage: 35.8%). Group 2 results are driven by a relatively small number of banks sufficiently large to be classified as Group 1 banks, but that have been classified as Group 2 banks by their supervisor because they are not internationally active.

1.2. Methodology “Composite bank” weighting scheme
Average amounts in this document have been calculated by creating a composite bank at a total sample level, which implies that the total sample averages are weighted. For example, the average common equity Tier 1 capital ratio is the sum of all banks’ common equity Tier 1 capital for the total sample divided by the sum of all banks’ risk-weighted assets for the total sample.

Box plots illustrate the distribution of results
To ensure data confidentiality, most charts show box plots which give an indication of the distribution of the results among participating banks. The box plots are defined as follows:

1.3. Interpretation of results
The impact assessment was carried out by comparing banks’ capital positions under Basel III to the current regulatory framework. With the exception of transitional arrangements for non-correlation trading securitisation positions in the trading book, results are calculated assuming full implementation of Basel III ie without considering transitional arrangements related to the phase-in of deductions and grandfathering arrangements. This implies that the Basel III capital amounts shown in this report assume that all common equity deductions are fully phased in and all non-qualifying capital instruments are fully phased out. As such, these amounts underestimate the amount of Tier 1 capital and total capital held by a bank as they do not give any recognition for non-qualifying instruments that are actually phased out over a 10 year horizon. The treatment of deductions and non-qualifying capital instruments under the assumption of full implementation of Basel III also affects figures reported in the leverage ratio section. The potential underestimation of Tier 1 capital will become less of an issue as the implementation date of the leverage ratio approaches. In particular, in 2013, the capital amounts based on the capital requirements in place on the Basel III implementation monitoring reporting date will reflect the amount of non-qualifying capital instruments included in capital at that time. These amounts will therefore be more representative of the capital held by

banks at the implementation date of the leverage ratio (for more detail see section 5). In addition, it is important to note that the monitoring exercise is based on static balance sheet assumptions, ie capital elements are only included if the eligibility criteria have been fulfilled at the reporting date. Planned bank measures to increase capital or decrease risk-weighted assets are not taken into account. This allows for identifying effective changes in bank capital instead of identifying changes which are simply based on changes in underlying modelling assumptions. As a consequence, monitoring results are not comparable to industry estimates as the latter usually include assumptions on banks’ future profitability, planned capital and/or management actions that mitigate the impact of Basel III. In addition, monitoring results are not comparable to prior C-QIS results, which assessed the impact of policy proposals published in 2009 that differed significantly from the final Basel III framework. As one example, the C-QIS did not consider the impact of capital surcharges for G-SIBs based on the initial list of G-SIBs announced by the Financial Stability Board in November 2011. To enable comparisons between the current regulatory regime and Basel III, common equity Tier 1 elements according to the current regulatory framework are defined as those elements of current Tier 1 capital which are not subject to a limit under the respective national implementation of Basel II.

1.4. Data quality
For this monitoring exercise, participating banks submitted comprehensive and detailed non-public data on a voluntary and best-efforts basis. National supervisors worked extensively with banks to ensure data quality, completeness and consistency with the published reporting instructions. Banks are included in the various analyses that follow only to the extent they were able to provide data of sufficient quality to complete the analyses.

2. Overall impact on regulatory capital ratios and estimated capital shortfall
One of the core intentions of the Basel III framework is to increase the resilience of the banking sector by strengthening both the quantity and quality of regulatory capital. Therefore, higher minimum requirements have to be met and stricter rules for the definition of capital and the calculation of risk weighted assets apply. As the Basel III monitoring exercise assumes full implementation of Basel III (without taking into account any transitional arrangements), it compares capital ratios under current rules with capital ratios that banks would show if Basel III were already fully in force at the reporting date. In this context, it is important to elaborate on the implications the assumption of full implementation of Basel III has on the monitoring results. The Basel III capital amounts reported in this exercise assume that all common equity deductions are fully phased in and all non-qualifying capital instruments are fully phased out. Thus, these amounts may underestimate the amount of Tier 1 capital and total capital under current rules held by banks as they do not give any recognition for non-qualifying instruments which are actually phased out over a 10 year horizon. Table 2 shows the overall change in common equity Tier 1 (CET1), Tier 1 and total capital if Basel III were fully implemented, as of 30 June 2011.

For Group 1 banks, the impact on the average CET1 ratio is a reduction from 10.2% to 6.5% (a decline of 3.7 percentage points) while the average Tier 1 and total capital ratio would decline from 11.9% to 6.7% and from 14.4% to 7.8% respectively. Contrary to the current framework, for Group 2 banks average capital ratios are higher than for Group 1. The following chart gives an indication of the distribution of results among participating banks.

It includes the respective regulatory minimum requirement (thick red line), the weighted average (depicted as “x”) and the median (thin red line), ie the value separating the higher half of a sample from the lower half (that means that 50% of all observations are below this value, 50% are above).

80% of Group 1 banks would be at or above the 4.5% minimum requirement while 44% would be at or above the 7.0% target level, ie it is expected that in the next years banks will put in place several measures to increase high quality capital. With respect to Group 2 banks, 87% reported CET1 ratios at or above 4.5% while 72% would be at or above the 7.0% target level. The reduction in CET1 ratios is driven both by a new definition of capital deductions (numerator) and by increases in risk-weighted assets (denominator). Banks engaged heavily in trading or in activities subject to counterparty credit risk tend to show the largest denominator effects as these activities attract substantially higher capital charges under the new framework. For Group 1 banks, the aggregate impact on the CET1 ratio can be attributed in almost equal parts to changes in the definition of capital and to changes related to the calculation of risk-weighted assets: while CET1 declines by 22.7%, RWA increase by 21.2%, on average.

For Group 2 banks, while the change in the definition of capital results in a decline in CET1 of 25.9%, the new rules on RWA affect Group 2 banks far less (+6.9%), which may be explained by the fact that these banks´ business models are less reliant on exposures subject to counterparty credit risk and market risk (which are the main drivers of the RWA increase under the new framework). The Basel III framework includes the following phase-in arrangements for capital ratios: - For CET1, the highest form of loss absorbing capital, the minimum requirement will be raised to 4.5% and will be phased in by 1 January 2015. Deductions from CET1 will be fully phased in by 1 January 2018; - For Tier 1 capital, the minimum requirement will be raised to 6.0% and will be phased in by 1 January 2015; - An additional 2.5% capital conservation buffer above the regulatory minimum capital ratios, which must be met with common equity, after the application of deductions, will be phased in by 1 January 2019; and - The additional loss absorbency requirement for G-SIBs, which ranges from 1.0% to 2.5% and must be met with common equity, after the application of deductions and as an extension of the capital conservation buffer, will be phased in by 1 January 2019. Table 3 and Chart 2 provide estimates of the additional amount of capital that Group 1 and Group 2 banks would need between 30 June 2011 and 1 January 2022 to meet the target CET1, Tier 1 and total capital ratios under Basel III assuming fully phased-in target requirements and deductions as of 30 June 2011. For Group 1 banks, the CET1 capital shortfall is €18 bn at a minimum requirement of 4.5% and €242 bn at a target level of 7.0%. With respect to the Tier 1 and total capital ratios, the capital shortfall comparing to the minimum ratios amount for €51 bn and €128 bn respectively. For Group 2 banks, the CET1 capital shortfall is €11 bn at a minimum requirement of 4.5% and €35 bn at a target level of 7.0%. The Tier 1 and total capital shortfall calculated relative to the 4.5% minimum amount for €18 and €22 bn, respectively. The surcharges for G-SIBs are a binding constraint for 12 of the 13 G-SIBs included in this monitoring exercise. It should be mentioned, that the shortfall figures are not comparable to those of

the EBA recapitalisation exercise since the capital definitions and the calculation of the risk-weighted assets differ. Given these results, a significant effort by banks to fulfil the risk-based capital requirements is expected.

3. Impact of the new definition of capital on Common Equity Tier 1
As noted above, reductions in capital ratios under the Basel III framework are attributed in part to capital deductions previously not applied at the common equity level of Tier 1 capital. Table 4 shows the impact of various deduction categories on the gross CET1 capital (i.e. CET1 before applying deductions) of Group 1 and Group 2 banks.

In the aggregate, deductions reduce gross CET1 of Group 1 banks by 37.2% with goodwill being the most important driver, followed by holdings of capital of other financial companies. Deductions for defined benefit pension obligations and provisioning shortfalls relative to expected losses tend to be the largest contributors to other deductions across most countries. For Group 2 banks, average results are similar: CET1 deductions reduce gross CET1 by 37.4% due in particular to goodwill, and again followed by holdings of capital of other financial companies as the second most important driver. However, it should be noted that these results are driven by large Group 2 banks (defined as those with Tier1 capital in excess of €3 billion). Without considering these banks, the overall decline of gross CET1 due to deductions would be 22.6%. Mortgage servicing rights related deductions have no impact, for both groups.

4. Changes in risk-weighted assets
Reductions in capital ratios under Basel III are also attributed to increases in risk-weighted assets as shown in Table 5 for the following four categories:

Definition of capital:
Here we distinguish three effects: The column heading “50/50” measures the increase in risk-weighted assets applied to securitisation exposures currently deducted under the Basel II framework that are risk-weighted at 1250% under Basel III. The negative sign in column “other” indicates that this effect reduces the RWA. This relief in RWA is mainly technical since it is compensated by deductions from capital. The column heading “threshold” measures the increase in risk-weighted assets for exposures that fall below the 10% and 15% limits for CET1 deduction;

Counterparty credit risk (CCR):
This column measures the increased capital charge for counterparty credit risk and the higher capital charge that results from applying a higher asset correlation parameter against exposures to financial institutions under the IRB approaches to credit risk. The effects of capital charges for exposures to central counterparties (CCPs) or any impact of incorporating stressed parameters for effective expected positive exposure (EEPE) are not included;

Securitisation in the banking book:
This column measures the increase in the capital charges for certain types of securitisations (e.g. resecuritisations) in the banking book; and

Trading book:
This column measures the increased capital charges for exposures held in the trading book to include capital requirements against stressed value-at-risk, incremental risk capital charge, and securitisation exposures in the trading book (see section 4.2 for more details).

4.1. Overall results
Risk-weighted assets for Group 1 banks increase overall by 21.2% which can be mainly attributed to higher risk-weighted assets for counterparty credit risk exposures (+8.0%), followed by changes due to the new RWA treatment of

current Basel II 50/50 capital deductions (+5.9%) and the new trading book rules (+4.2%). The main driver behind the capital charges for counterparty credit risk is the charge for credit valulation adjustments (CVA) while the higher asset correlation parameter results in an increase in overall risk-weighted assets of only 1.2%. For Group 2 banks, aggregate RWA increase overall by 6.9%. The smaller increase relative to Group 1 banks is as expected since Group 2 banks tend to have less exposure to market risk and counterparty exposures. However, even for Group 2 banks, CCR capital charges (2.9%) are the main contributor to the change in RWA for Group 2 banks. Moving Basel II 50/50 deductions to a 1250% risk weight treatment and increases in RWA attributable to items that fall below the 10/15% thresholds affect RWA by 2.2% each.

Chart 3 gives an indication of the distribution of the results across participating banks and illustrates that the dispersion is much higher within the Group 1 bank sample as compared to Group 2 banks.

4.2. Market risk-related capital charges
Table 6 presents details on the impact of the revised trading book capital charges on overall risk-weighted assets for Group 1 banks. Group 2 banks are not presented separately because the market risk requirements have a very minor influence on overall Group 2 bank risk-weighted assets. Some of these banks do not have any trading books at all and are therefore not subject to any related capital charges. Stressed VaR (2.1%), the incremental risk capital charge or “IRC” (1.2%), and the capital charge for non-correlation trading securitisation exposures under the standardised measurement method or “SMM non-CTP” (0.7%) are the three most relevant drivers behind the increase. Increases in risk-weighted assets are partially offset by effects related to previous capital charges (resulting from the event risk surcharge and previous standardised or VaR-based charges for the specific risk capital requirements of securitisations), and the changes to positions treated with standardised measurement methods (column “SMM”).

4.3. Impact of the rules on counterparty credit risk (CVA only)
Credit valuation adjustment (CVA) risk capital charges lead to a 7.8% increase in total RWA for the subsample of 36 banks which provided the relevant data (6.8% for the full Group 1 sample). A larger fraction of the total effect is attributable to the application of the standardised method than to the advanced method. The impacts on Group 2 banks are smaller but still significant, adding up to an overall 3.5% increase in RWA over a subsample of 57 banks (2.3% for the full Group 2 sample), totally attributable to the standardised method. Further details are provided in Table 7.

5. Leverage Ratio
A simple, transparent, non-risk based leverage ratio has been introduced in the Basel III framework in order to act as a credible supplementary measure to the risk based capital requirements. It is intended to constrain the build-up of leverage in the banking sector and to complement the risk based capital requirements with a non-risk based “backstop” measure. For the interpretation of the results of the leverage ratio section it is important to understand the terminology used to describe a bank’s leverage.

Generally, when a bank is referred to as having more leverage, or being more leveraged, this refers to a multiple of exposures to capital (i.e. 50 times) as opposed to a ratio (i.e. 2.0%). Therefore, a bank with a high level of leverage will have a low leverage ratio. 155 Group 1 and Group 2 banks provided sufficient data to calculate the leverage ratio according to the Basel III framework. In total, aggregate Tier 1 capital according to Basel III (numerator of the leverage ratio) is €0.76 trillion for Group 1 banks while the total aggregate exposure according to the definition of the denominator of the leverage ratio is €27.69 trillion. For Group 2 banks, the corresponding figures are €0.16 trillion (Tier 1 capital) and €4.59 trillion (total exposure). To illustrate the impact of the new capital framework, a hypothetical current leverage ratio is shown assuming the leverage ratio was already in place. This hypothetical ratio is based on the current definition of Tier 1 capital. It is important to recognize that the monitoring results may underestimate the amount of capital that will actually be held by the bank over the next few years. The reason is as follows. The Basel III capital amounts reported in this monitoring exercise assume that all common equity deductions are fully phased in and all non-qualifying capital instruments are fully phased out. Thus, these amounts ceteris paribus underestimate the amount of Tier 1 capital and total capital under current rules held by banks as they do not give any recognition for non-qualifying instruments which are actually phased out over a nine year horizon. In this exercise, Common Equity Tier 1, Tier 1 capital and total capital could be very similar if all (or most) of the banks’ Additional Tier 1 and Tier 2 instruments are considered non-qualifying under Basel III. As the implementation date of the leverage ratio approaches, this will become less of an issue. With respect to the total sample of banks, the average Basel III Tier 1 leverage ratio is 2.8%. Group 1 banks’ average Basel III LR is 2.7% while for Group 2 banks the leverage ratio is significantly higher at 3.4%. Assuming full implementation of Basel III at 30 June 2011, 41.3% of Group 1 banks would meet the calibration target of 3% for the leverage ratio while 80%

would be at or above the 4.5% minimum requirement for the risk-based CET1 ratio. Regarding Group 2 banks, 71.6% show a leverage ratio at or above the target level while 87% reported CET1 ratios at or above the CET1 minimum requirement of 4.5%. Using Tier 1 capital according to current rules in the numerator, the leverage ratio is 4.1% for the total sample. For Group 1 banks it is 4.0% (Group 2: 4.7%). Comparing the average results for Group 1 and Group 2 banks, monitoring results indicate a positive correlation between bank size and the level of leverage, since the average LR is significantly lower for Group 1 banks. Chart 4 gives an indication of the distribution of the results across participating banks. The thick red lines show the calibration target of 3% while the thin red lines represent the 50th percentile19 (the “median”), ie the value separating the higher half of a sample from the lower half (it means that 50% of all observations fall below this value, 50% are above this value). The weighted average is shown as “x”. For further information on the methodology see section 1.2.

Table 8 shows the average Basel III leverage ratios and the capital shortfall under the assumption that banks already fulfill the risk-based capital requirements for the Tier 1 ratio of 6% and 8.5%, respectively.

The shortfall is the additional amount of Tier 1 capital that banks would need to raise in order to meet the target level of 3% for the leverage ratio (i.e. after the risk-based minimum requirements have been met).

Assuming that banks with a risk-based Tier 1 ratio below 6% would have raised capital to fulfill the minimum requirement of 6%, 52% of Group 1 banks and 21% of Group 2 banks would not meet the calibration target of 3% for the leverage ratio. The additional shortfall related to the leverage ratio requirement would be €95 bn (Group 1) and €12 bn (Group 2), respectively. Assuming that banks with a risk-based Tier 1 ratio below 8.5% would have raised capital to meet the minimum requirement of 8.5%, 17% of both Group 1 and Group 2 banks would show a leverage ratio below the 3% target level. The additional shortfall would be €17 bn and €10 bn for Group 1 and Group 2 banks, respectively.

6. Liquidity 6.1. Liquidity Coverage Ratio
One of the new minimum standards is a 30-day liquidity coverage ratio (LCR) which is intended to promote short-term resilience to potential liquidity disruptions. The LCR has been designed to require banks to have sufficient high-quality liquid assets to withstand a stressed 30-day funding scenario specified by supervisors. The LCR numerator consists of a stock of unencumbered, high quality liquid assets that must be available to cover any net outflow, while the denominator is comprised of cash outflows less cash inflows (subject to a cap at 75% of total outflows) that are expected to occur in a severe stress scenario. 157 Group 1 and Group 2 banks provided sufficient data in the mid-2011 Basel III implementation monitoring exercise to calculate the LCR according to the Basel III liquidity framework. The average LCR is 71% for Group 1 banks and 70% for Group 2 banks.

These aggregate numbers do not speak of the range of results across the banks. Chart 5 below gives an indication of the distribution of bank results; the thick red line indicates the 100% minimum requirement, the thin red horizontal lines indicate the median for the respective bank group while the mean value is shown as “x”. 34% of the banks in the sample already meet or exceed the minimum LCR requirement and 39% have LCRs that are at or above 85%.

For the banks in the sample, monitoring results show a shortfall of liquid assets of €1.15 trillion (which represents 3.7% of the €31 trillion total assets of the aggregate sample) as of 30 June 2011, if banks were to make no changes whatsoever to their liquidity risk profile. This number is only reflective of the aggregate shortfall for banks that are below the 100% requirement and does not reflect surplus liquid assets at banks above the 100% requirement.

Banks that are below the 100% required minimum have until 2015 to meet the minimum standard by scaling back business activities which are most vulnerable to a significant short-term liquidity shock or by lengthening the term of their funding beyond 30 days. Banks may also increase their holdings of liquid assets. The key components of outflows and inflows are presented in Table 9. Group 1 banks show a notably larger percentage of total outflows, when compared to balance sheet liabilities, than Group 2 banks. This can be explained by the relatively greater contribution of wholesale funding activities and commitments within the Group 1 sample, whereas, for Group 2 banks, retail activities, which attract much lower stress factors, comprise a greater share of funding activities.

Cap on inflows
Two Group 1 and 21 Group 2 banks reported inflows that exceeded the cap. Of these, 7 fail to meet the LCR, so the cap is binding on them.

Composition of highly liquid assets
The composition of high quality liquid assets currently held at banks is depicted in Chart 6. The majority of Group 1 and Group 2 banks’ holdings, in aggregate, are comprised of Level 1 assets; however the sample, on the whole, shows diversity in their holdings of eligible liquid assets. Within Level 1 assets, 0% risk-weighted securities issued or guaranteed by sovereigns, central banks and PSEs, and cash and central bank reserves comprise significant portions of the qualifying pool. Comparatively, within the Level 2 asset class, the majority of holdings is comprised of 20% risk-weighted securities issued or guaranteed by sovereigns, central banks or PSEs, and qualifying covered bonds.

Cap on Level 2 assets
€53 billion of Level 2 liquid assets were excluded because reported Level 2 assets were in excess of the 40% cap. 40 banks currently reported assets excluded, of which 80.0% (20.4% of the total sample) had LCRs below 100%.

Chart 7 combines the above LCR components by comparing liquidity resources (buffer assets and inflows) to outflows. Note that the €900 billion difference between the amount of liquid assets

and inflows and the amount of outflows and impact of the cap displayed in the chart is smaller than the €1.15 trillion gross shortfall noted above as it is assumed here that surpluses at one bank can offset shortfalls at other banks.
In practice the aggregate shortfall in the industry is likely to lie somewhere between these two numbers depending on how efficiently banks redistribute liquidity around the system.

6.2. Net Stable Funding Ratio
The second standard is the net stable funding ratio (NSFR), a longer-term structural ratio to address liquidity mismatches and to provide incentives for banks to use stable sources to fund their activities. 156 Group 1 and Group 2 banks provided sufficient data in the mid-2011 Basel III implementation monitoring exercise to calculate the NSFR according to the Basel III liquidity framework. 37% of these banks already meet or exceed the minimum NSFR requirement, with 70% at an NSFR of 85% or higher.

The average NSFR for each of the Group 1 bank and Group 2 samples is 89% and 90%, respectively. Chart 8 shows the distribution of results for Group 1 and Group 2 banks; the thick red line indicates the 100% minimum requirement, the thin red horizontal lines indicate the median for the respective bank group.

The results show that banks in the sample had a shortfall of stable funding of €1.93 trillion at the end of June 2011, if banks were to make no changes whatsoever to their funding structure.

[The shortfall in stable funding measures the difference between balance sheet positions after the application of available stable funding factors and the application of required stable funding factors for banks where the former is less than the latter. ]
This number is only reflective of the aggregate shortfall for banks that are below the 100% NSFR requirement and does not reflect any surplus stable funding at banks above the 100% requirement.

Banks that are below the 100% required minimum have until 2018 to meet the standard and can take a number of measures to do so, including by lengthening the term of their funding or reducing maturity mismatch. It should be noted that the shortfalls in the LCR and the NSFR are not necessarily additive, as decreasing the shortfall in one standard may result in a similar decrease in the shortfall of the other standard, depending on the steps taken to decrease the shortfall

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

President Obama signed the JOBS Act - April 5, 2012. Will Announce New Steps to Promote Access to Capital for Entrepreneurs and Protections for Investors
WASHINGTON, DC – President Obama signed the Jumpstart Our Business Startups (JOBS) Act, a bipartisan bill that enacts many of the President’s proposals to encourage startups and support our nation’s small businesses. The President believes that our small businesses and startups are driving the recovery and job creation. That’s why he put forward a number of specific ways to encourage small business and startup investment in the American Jobs Act last fall, and worked with members on both sides of the aisle to sign these common-sense measures into law today. The JOBS Act will allow Main Street small businesses and high-growth enterprises to raise capital from investors more efficiently, allowing small and young firms across the country to grow and hire faster. “America’s high-growth entrepreneurs and small businesses play a vital role in creating jobs and growing the economy,” said President Obama. “I’m pleased Congress took bipartisan action to pass this bill. These proposals will help entrepreneurs raise the capital they need to put Americans back to work and create an economy that’s built to last.” _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

Throughout this effort, the President has maintained a strong focus on ensuring that we expand access to capital for young firms in a way that is consistent with sound investor protections. To that end, the President today will call on the Treasury, Small Business Administration and Department of Justice to closely monitor this legislation and report regularly to him with its findings. In addition, major crowfunding organizations sent a letter to the President today committing to core investor protections, including a new code of conduct for crowdfunding platforms. In March of last year, the President directed his Administration to host a conference titled “Access to Capital: Fostering Growth and Innovation for Small Companies.” The conference brought together policymakers and key stakeholders whose ideas directly led to many of the proposals contained in the JOBS Act. A primary takeaway from the conference was that capital from public and private investors helps entrepreneurs achieve their dreams and turn ideas into startups that create jobs and fuel sustainable economic growth.

Key Elements of the JOBS Act
The JOBS Act includes all three of the capital formation priorities that the President first raised in his September 2011 address to a Joint Session of Congress, and outlined in more detail in his Startup America Legislative Agenda to Congress in January 2012: allowing “crowdfunding,” expanding “mini-public offerings,” and creating an “IPO on-ramp” consistent with investor protections. The JOBS Act is a product of bipartisan cooperation, with the President and Congress working together to promote American entrepreneurship _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

and innovation while maintaining important protections for American investors. It will help growing businesses access financing while maintaining investor protections, in several ways: • Allowing Small Businesses to Harness “Crowdfunding”: The Internet already has been a tool for fundraising from many thousands of donors. Subject to rulemaking by the U.S. Securities and Exchange Commission (SEC), startups and small businesses will be allowed to raise up to $1 million annually from many small-dollar investors through web-based platforms, democratizing access to capital. Because the Senate acted on a bipartisan amendment, the bill includes key investor protections the President called for, including a requirement that all crowdfunding must occur through platforms that are registered with a self-regulatory organization and regulated by the SEC. In addition, investors’ annual combined investments in crowdfunded securities will be limited based on an income and net worth test. • Expanding “Mini Public Offerings”: Prior to this legislation, the existing “Regulation A” exemption from certain SEC requirements for small businesses seeking to raise less than $5 million in a public offering was seldom used. The JOBS Act will raise this threshold to $50 million, streamlining the process for smaller innovative companies to raise capital consistent with investor protections. • Creating an “IPO On-Ramp”: _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

The JOBS Act makes it easier for young, high-growth firms to go public by providing an incubator period for a new class of “Emerging Growth Companies.” During this period, qualifying companies will have time to reach compliance with certain public company disclosure and auditing requirements after their initial public offering (IPO). Any firm that goes public already has up to two years after its IPO to comply with certain Sarbanes-Oxley auditing requirements. The JOBS Act extends that period to a maximum of five years, or less if during the on-ramp period a company achieves $1 billion in gross revenue, $700 million in public float, or issues more than $1 billion in non-convertible debt in the previous three years. Additionally, the JOBS Act changes some existing limitations on how companies can solicit private investments from “accredited investors,” tasks the SEC with ensuring that companies take reasonable steps to verify that such investors are accredited, and gives companies more flexibility to plan their access to public markets and incentivize employees. Additional Initiatives Announced Today to Promote Capital Access and Investor Protection • Monitoring of JOBS Act Implementation: The President is directing the Treasury Department, Small Business Administration and Department of Justice to closely monitor the implementation of this legislation to ensure that it is achieving its goals of enhancing access capital while maintaining appropriate investor protections.

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

These agencies, consulting closely with the SEC and key non-governmental stakeholders, will report their findings to the President on a biannual basis, and will include recommendations for additional necessary steps to ensure that the legislation achieves its goals. • Crowdfunding Platforms Commit to Investor Protections: In a letter to President Obama, a consortium of crowdfunding companies are committing to work with the SEC to develop appropriate regulation of the industry, as required by the JOBS Act. Members of this leadership group are committing to establish core investor protections, including an enforceable code of conduct for crowdfunding platforms, standardized methods to ensure that investors do not exceed statutory limits, thorough vetting of companies raising funds through crowdfunding, and an industry standard “Investors’ Bill of Rights.”

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

Learning more about Supervisory Agencies BaFin - Bundesanstalt für Finanzdienstleistungsaufsicht Bundesrepublik Deutschland (Federal Republic of Germany)
Since it was established in May 2002, the Federal Financial Supervisory Authority (Bundesanstalt für Finanzdienstleistungsaufsicht - known as BaFin for short) has brought the supervision of banks and financial services providers, insurance undertakings and securities trading under one roof. BaFin is an independent public-law institution and is subject to the legal and technical oversight of the Federal Ministry of Finance. It is funded by fees and contributions from the institutions and undertakings that it supervises. It is therefore independent of the Federal Budget.

Organisation
Banking Supervision, Insurance Supervision and Securities Supervision/Asset Management are three different organisational units within BaFin – the so-called Directorates.

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

International
The large number of players operating on the global financial markets has been increasing steadily for many years now. Even though there is no legal framework that is binding internationally, markets are still expanding across borders. Financial supervision, however, is still largely inward-looking, since sovereign powers usually end at the national border.

Functions
BaFin operates in the public interest. Its primary objective is to ensure the proper functioning, stability and integrity of the German financial system. Bank customers, insurance policyholders and investors ought to be able to trust the financial system. BaFin has over 1,900 employees working in Bonn and Frankfurt am Main. They supervise around 1,900 banks, 717 financial services institutions, approximately 600 insurance undertakings and 30 pension funds as well as around 6,000 domestic investment funds and 73 asset management companies (as of March 2011). Under its solvency supervision, BaFin ensures the ability of banks, financial services institutions and insurance undertakings to meet their payment obligations. Through its market supervision, BaFin also enforces standards of professional conduct which preserve investors' trust in the financial markets. _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

As part of its investor protection, BaFin also seeks to prevent unauthorised financial business.

Legal basis
BaFin’s By-Laws represent a major set of precepts for how it acts. They contain regulations governing its structure and organisation and its rights and obligations. They also govern the functions and powers of BaFin’s supervisory body, its Administrative Council (Verwaltungsrat), and details of its budget. BaFin also bases the way in which it carries out its supervisory activities on the Mission Statement it gave itself shortly after it was established. According to this Mission Statement, BaFin’s function is to limit risks to the German financial system at both the national and international level and to ensure that Germany as a financial centre continues to function properly and that its integrity is preserved. As part of the Federal administration, BaFin is subject to the legal and technical oversight of the Federal Ministry of Finance, with the framework of which the legality and fitness for purpose of BaFin's administrative actions are monitored.

BaFin Text Solvency II
Among other things, Solvency II – the project to reform the European legal framework for insurance supervision – harmonises the solvency capital requirements for insurance firms and groups. Following the adoption of the Solvency II Directive in November 2009, the focus in 2010 was on developing the implementing measures that are _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

to be adopted and on performing the fifth quantitative impact study (QIS5). It is currently planned to make the initial amendments to the Solvency II Directive at the end of 2011 by way of the Omnibus II Directive, for which the European Commission presented a proposal on 19 January 2011. This contains amendments to two key areas of legislation. Firstly, it amends directives governing insurance and securities prospectuses to reflect the new EU rules on financial market supervision and in particular the new EU financial supervisory authorities that began work on 1 January 2011. For example, EIOPA is incorporated into the Solvency II Directive as the successor to CEIOPS. Provision is also made for the binding settlement of disputes by EIOPA. Secondly, the proposal contains amendments to the Solvency II Directive. For example, the Directive provides for the implementation of Solvency II to be postponed by two months until 1 January 2013. The Omnibus II Directive also enables the European Commission to specify transitional requirements for individual elements of the Framework Directive, with different maximum transition periods being set for each area. The Omnibus II Directive is of considerable significance for the continuing evolution of Solvency II. For technical reasons, the European Commission cannot present the official draft of the Solvency II implementing measures until after the Omnibus II Directive has been adopted. _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

The Omnibus II Directive will therefore have a significant influence on the ongoing work on the implementing measures.

Implementing measures
The Solvency II Directive gives the European Commission the authority to adopt implementing measures for particular areas. These are intended to add detail to the Directive and hence improve the harmonisation and consistency of supervision in Europe. In spring 2010, CEIOPS submitted its proposals in this area to the Commission, which at the end of 2010 presented an initial informal full draft of the implementing measures based on the proposals. In 2011, this draft will be discussed further with the member states, with specific consideration being given to the findings of QIS5. The official draft of the Solvency II implementing measures will not be presented by the Commission and discussed with the Council and the Parliament until after the Omnibus II Directive has been adopted.

Impact studies
The QIS5 study conducted by the Commission in the year under review is based on the Solvency II Directive and reflects the implementing measures developed up until that time. The objective was to test the quantitative impact of Solvency II in detail. European insurance firms and groups were asked to take part in the study between July and November 2010. The results received from solo firms were initially evaluated by the national supervisory authorities, while the data received from groups were analysed by CEIOPS or EIOPA. _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

All results and findings were incorporated into a European report, which EIOPA presented to the Commission in March 2011. In addition, BaFin published a national report. The results of the study will have a major influence on the discussion regarding the Solvency II implementing measures

Guidelines for supervisors
In future, the provisions of the Directive and the implementing measures adopted by the European Council and the European Parliament will be complemented by guidelines for supervisors adopted by EIPOA, with the aim being to further harmonise supervisory practice in Europe. The four existing CEIOPS and EIOPA working groups began work on these guidelines in the year under review. In addition, EIOPA will develop binding standards (on the design of the yield curve, for example). One of the working groups, the Financial Requirements Expert Group (FinReq), has three areas of work: capital requirements (SCR/MCR), the statement of technical provisions and own funds. Among other things, it has drawn up initial proposals for guidelines related to the procedure to be followed for the approval of undertaking-specific parameters for use in calculating the solvency capital requirement and the recognition of ancillary own funds. In cooperation with the Groupe Consultatif, a forum of European actuarial associations, it is also developing actuarial standards for calculating technical provisions. _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

The Internal Governance, Supervisory Review and Reporting Expert Group (IGSRR) is responsible for the requirements for public disclosure and supervisory reporting by undertakings, capital addons and the valuation of assets and liabilities, and is developing guidance for supervisors on what the supervisory process may look like under Solvency II. In doing so, it is focusing specifically on the evaluation of the own risk and solvency assessment (ORSA) and the templates for future reporting to supervisors. On a closely related topic, consideration is being given to how and which data may in future be exchanged electronically between national supervisory authorities and with EIOPA. In 2010, the Internal Models Expert Group (IntMod) developed guidance on the use test and on calibration, showing supervisors and the insurance industry how they can fulfil the future requirements. The Group also drew up general guidelines on hitherto less-discussed topics, such as the inclusion of profit and loss attribution in the internal model. The fourth CEIOPS/EIOPA working group, the Insurance Groups Supervision Committee (IGSC), is drawing up guidance on practical cooperation in the colleges and in coordinating measures. The working group is also developing harmonised approaches for identifying, reporting and assessing risk concentrations and intragroup transactions.

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

FINANCIAL STABILITY OVERSIGHT COUNCIL Authority to Require Supervision and Regulation of Certain Nonbank Financial Companies
ACTION: Final rule and interpretive guidance. Section 113 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the “Dodd-Frank Act”) authorizes the Financial Stability Oversight Council (the “Council”) to determine that a nonbank financial company shall be supervised by the Board of Governors of the Federal Reserve System (the “Board of Governors”) and shall be subject to prudential standards, in accordance with Title I of the Dodd-Frank Act, if the Council determines that material financial distress at the nonbank financial company, or the nature, scope, size, scale, concentration, interconnectedness, or mix of the activities of the nonbank financial company, could pose a threat to the financial stability of the United States. Section 111 of the Dodd-Frank Act (12 U.S.C. 5321) established the Financial Stability Oversight Council. Among the purposes of the Council under section 112 of the Dodd-Frank Act (12 U.S.C. 5322) are “(A) To identify risks to the financial stability of the United States that could arise from the material financial distress or failure, or ongoing activities, of large, interconnected bank holding companies or nonbank _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

financial companies, or that could arise outside the financial services marketplace; (B) To promote market discipline, by eliminating expectations on the part of shareholders, creditors, and counterparties of such companies that the Government will shield them from losses in the event of failure; and (C) To respond to emerging threats to the stability of the United States financial system.” In the recent financial crisis, financial distress at certain nonbank financial companies contributed to a broad seizing up of financial markets and stress at other financial firms. Many of these nonbank financial companies were not subject to the type of regulation and consolidated supervision applied to bank holding companies, nor were there effective mechanisms in place to resolve the largest and most interconnected of these nonbank financial companies without causing further instability. To address any potential risks to U.S. financial stability posed by these companies, the Dodd-Frank Act authorizes the Council to determine that certain nonbank financial companies will be subject to supervision by the Board of Governors and prudential standards. The Board of Governors is responsible for establishing the prudential standards that will be applicable, under section 165 of the Dodd-Frank Act, to nonbank financial companies subject to a Council determination. Title I of the Dodd-Frank Act defines a “nonbank financial company” as a domestic or foreign company that is “predominantly engaged in financial activities,” other than bank holding companies and certain other types of firms. The Dodd-Frank Act provides that a company is “predominantly engaged” in financial activities if either _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

(i) The annual gross revenues derived by the company and all of its subsidiaries from financial activities, as well as from the ownership or control of insured depository institutions, represent 85 percent or more of the consolidated annual gross revenues of the company; or (ii) The consolidated assets of the company and all of its subsidiaries related to financial activities, as well as related to the ownership or control of insured depository institutions, represent 85 percent or more of the consolidated assets of the company. The Dodd-Frank Act requires the Board of Governors to establish the requirements for determining whether a company is “predominantly engaged in financial activities” for this purpose.

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

Thematic review on risk governance Questionnaire for national authorities
The global financial crisis highlighted a number of corporate governance failures and weaknesses in financial institutions, including inappropriate Board structures and processes, weak risk governance systems, and unduly complex or opaque firm organisational structures and activities. Many of these shortcomings have been highlighted and documented in various reports that have been issued since 2008. The October 2011 FSB Supervisory Intensity and Effectiveness (SIE) progress report to the G20 notes that much progress has been made in corporate governance at both the supervisory and firm levels, particularly for SIFIs. However, effective risk appetite frameworks that are actionable and measurable by both firms and supervisors have not yet been widely adopted. The SIE report concludes that more intense supervisory oversight is needed to evaluate the effectiveness of improved governance, particularly risk governance that is critical to ensuring a strong risk management culture in firms. The report recommends that the FSB conduct a thematic review on risk governance to assess practices at firms, focusing on the risk committees of executive Boards, as well as the risk management functions (e.g. the Chief Risk Officer organisation) and independent assessment functions (e.g. the Chief Auditor function), and on how supervisors assess their effectiveness. _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

In light of the recommendation of the SIE report, and the importance and cross-sectoral nature of the topic, the FSB Standing Committee on Standards Implementation (SCSI) agreed, in its conference call on 10 November 2011, to undertake a peer review on risk governance in early 2012. SCSI members also agreed that the peer review would only cover banks and broker-dealers; insurers and other non-bank financial institutions would not be covered. There is currently no single comprehensive set of principles and standards that fully address and integrate corporate and risk governance requirements. The review therefore will not assess compliance with any specific standard, but will use existing standards and recommendations (as appropriate) in order to evaluate progress as well as identify good practices and remaining gaps in firms’ risk governance frameworks, and in the assessment of those frameworks by supervisory authorities. The primary source of information for the peer review will be the responses provided to this questionnaire, and a questionnaire for firms to be developed in March. The peer review will focus on the roles and interplay between the firm’s Board members that oversee risk management, the enterprise risk management function and relevant aspects of the process for assessing the risk governance framework, processes and practices, either by internal audit or by third parties (e.g. external auditors, consultants). In particular, the peer review will focus on:

Board responsibilities and practices
The Board is responsible for ensuring that the firm has an appropriate risk governance framework given the firm’s business model, complexity and size.

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

How Boards assume such responsibilities varies across jurisdictions and for the purposes of this report, the risk committee refers to a specialised Board committee responsible for advising the Board on the firm’s overall current and future risk appetite and strategy, and for overseeing senior management’s implementation of that strategy.

Risk management function
The independent risk management function is responsible for the firm’s risk management framework across the entire organisation, ensuring that the firm’s risk meets the desired risk profile as approved by the Board. The risk management function is responsible for identifying, measuring, monitoring, recommending strategies to control or mitigate risks, and reporting on risk exposures.

Independent assessment of the risk governance framework by internal audit and third parties
The independent (e.g. from the business unit and risk management function) assessment of the firm’s risk framework plays a crucial role in the ongoing maintenance of a firm’s internal control, risk management and risk governance. It helps a firm accomplish its objectives by bringing a systematic, disciplined approach to evaluate and improve the effectiveness of risk management, control and governance processes. This may include internal processes, such as internal audit, or external processes such as third party reviews (e.g. external auditors, consultants). FSB member jurisdictions are requested to provide a consolidated national response to the questionnaire, which should include descriptions of differences where these exist in oversight of risk governance within the jurisdiction (e.g. for banks vs. broker dealers, based on the size, business _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

model, complexity of the firm), with a particular emphasis on any framework or behavioural changes that have occurred since the crisis. In order to limit the burden on FSB members and to avoid unnecessary duplication of information collection efforts, authorities can attach links to relevant documents (where available in English). Feedback should be submitted by 11 May 2012 to fsb@bis.org under the subject heading “FSB Thematic Peer Review on Risk Governance.” Individual submissions will not be made public.

National authorities’ approach toward risk governance oversight
Please describe your jurisdiction’s overall approach to assessing firms’ risk governance frameworks (e.g. legislation, regulation or supervisory guidance)? Please provide links to relevant documents. Has your jurisdiction evaluated whether such guidance is consistent with the BCBS or OECD principles on corporate governance or other recommendations provided by the industry? How does your jurisdiction assess alignment or implementation of any legislation, regulation or supervisory guidance in the area of risk governance? How does your jurisdiction determine that your significant financial institutions have effective risk governance frameworks, policies and practices? Please briefly describe whether firms in your jurisdiction have made changes in response to increased supervisory and regulatory oversight of risk governance.

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

In addition, please provide examples of any material changes in the effectiveness of firms’ risk governance practices over the last few years (e.g. decisions regarding whether to reduce/increase certain business activities based on the Board’s risk strategy). During the global financial crisis, were there weaknesses in your oversight of risk governance that became apparent? Please summarise any initiatives planned to strengthen your jurisdiction’s oversight of firms’ risk governance practices. Does your jurisdiction regularly review whether your supervisory, regulatory and enforcement authorities are sufficiently resourced, independent and empowered to deal with risk governance weaknesses that have been identified? Does this review include an assessment of inter-agency as well as internal communication and decision-making processes? Does your jurisdiction have dedicated teams of qualified personnel to assess firms’ risk governance frameworks, or is oversight of risk governance embedded within other risk oversight functions (e.g. operational, market or credit risk)? What regulatory and supervisory tools are available in your jurisdiction to incentivise firms to remediate deficiencies within the risk governance framework (e.g. restrictions on activities, capital charges, fines)? Please describe any regulatory or supervisory actions taken to incentivise firms to remediate weaknesses and the firm’s responses (if possible in a way that respects national confidentiality rules). How are relevant internal control weaknesses and other significant internal control deficiencies factored into the assessment of risk governance frameworks (e.g. a control deficiency that allows significant unauthorised trading activities)? _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

Please describe any bilateral efforts initiated by supervisors in other jurisdictions regarding the supervision of risk management policies and practices. Please indicate instances where supervisory work plans have been impacted as a result of those meetings.

Board responsibilities and practices
Risk committee refers to a specialised Board committee responsible for advising the Board on the firm’s overall current and future risk appetite and strategy, and for overseeing senior management’s implementation of that strategy. Risk committees comprising management members that reside below the Board level (e.g. within business units, management committees) do not fall in this definition.
Do supervisory requirements or expectations exist concerning the role and responsibilities of the Board for risk governance? If so, how have these requirements or expectations been established (e.g. legislation, regulation, supervisory guidance)? Do supervisory requirements or expectations exist concerning the role and responsibilities of the risk committee? If so, how have these requirements or expectations been established (e.g. legislation, regulation, supervisory guidance)? Do supervisory requirements or expectations exist concerning the governance of the Board’s own practices (and where they exist, the practices of any relevant sub-committees)? If so, how have these requirements or expectations been established (e.g. legislation, regulation, supervisory guidance)?

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

Do supervisory requirements or expectations exist concerning the information that Boards (or any relevant sub-committees) are supposed to receive, or able to request, from the firm (e.g. CRO, risk management function) and/or third parties (e.g. external auditors, consultants)? If so, how have these requirements or expectations been established (e.g. legislation, regulation, supervisory guidance)? How does your jurisdiction assess whether supervisory expectations or requirements concerning the Board’s responsibilities and practices (including the Board’s use of sub-committees) are achieving desired outcomes?

Risk management function
Does your jurisdiction require firms to have an independent senior executive (e.g. a Chief Risk Officer or equivalent) with distinct responsibility for the risk management function and the firm’s comprehensive risk management framework across the entire organisation? How does your jurisdiction assess the stature, authority and independence of the CRO (or equivalent) and the risk management function? Please outline what criteria are considered in your jurisdiction when assessing the stature, authority and independence. How does your jurisdiction evaluate the qualifications of the CRO and risk management personnel? How does your jurisdiction evaluate the hiring and performance evaluation process of the CRO? What is your jurisdiction’s approach to regularly assessing firms’ overall risk management policies and practices? _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

How does your jurisdiction assess firms’ implementation of effective risk appetite frameworks? Are risk measures clearly defined, actionable and effective in enabling the firm to pursue its strategic objectives and maintain the risk profile as set out in the risk appetite framework? Is the risk appetite assessed globally, or for each type of risk (e.g. credit, market, liquidity, operational)? How does your jurisdiction regularly assess the adequacy of firms’ risk management resources (e.g. number, quality, effectiveness)? Does your jurisdiction review the “ownership” and accountability of risk management resources? How does your jurisdiction assess the role and effectiveness of firms’ risk management process for (i) Approval of new products and material modifications to existing ones; (ii) Strategic planning; (iii) Changes in systems, processes, business models; and (iv) Major acquisitions? What work has been undertaken in your jurisdiction to assess the adequacy, timeliness, and independence of information prepared by risk management and provided to senior management and the Board (or any relevant sub-committee)? How does your jurisdiction evaluate the type and nature of risk reporting to the Board (or any relevant sub-committee)? Does it include _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

(i) the manner in which information is compiled; (ii) what the decision-making process is for information to be included in the Board reporting; and (iii) who/what part of the firm is responsible for compiling this material? Does your jurisdiction collect standardised information from firms on certain risk areas to (i) Compare firms’ across risk dimensions; (ii) Identify the need to initiate possible supervisory reviews; or (iii) Update supervisory risk management expectations? Does your jurisdiction assess the effectiveness of firms’ forward-looking stress tests, scenario analysis, contingency arrangements, recovery plans (e.g. raising capital or reducing exposures) and resolution plans (if any). If so, what criteria are used in this assessment? How does your jurisdiction incorporate market and macroeconomic conditions, cross-sectoral developments as well as changes in firms’ business and risk profile into your evaluation of the adequacy of risk management and its ability to respond to changing circumstances? To what extent are the requirements for the risk management function adapted to firm characteristics, such as size, complexity, business model and systemic importance?

Assessment of the risk governance framework
Does your jurisdiction require internal audit functions at firms to assess the firm’s risk governance framework at the enterprise level, legal entity level, and/or for the largest revenue-generating business units? _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

If so, are the requirements specified in legislation, regulation or supervisory guidance? What aspects of the risk governance framework are internal auditors or other internal functions (if independent) expected to assess? Are supervisory requirements and expectations specified in legislation, regulation or supervisory guidance? Does your jurisdiction allow the use of third parties (e.g. external auditors or other experts) to provide an independent assessment of firms’ risk governance frameworks? If so, does your jurisdiction impose any limitations on certain aspects of internal audit’s responsibilities that can be directed toward third parties (e.g. outsourced)? Are supervisory requirements and expectations specified in legislation, regulation or supervisory guidance? What aspects of the risk governance framework are external experts expected to assess? Are supervisory requirements and expectations specified in legislation, regulation or supervisory guidance? Are internal audit reports, prudential reports, and/or external expert reports monitored as part of the supervision of a firm’s risk governance assessment process? If so, please describe the types of reports and frequency of review. How does your jurisdiction evaluate the qualifications of the internal auditor and internal audit personnel?

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

How does it evaluate the hiring and performance evaluation process of the chief auditor (or equivalent)? Where relevant, is this evaluation process also applied to third parties? How does your jurisdiction conduct assessments of the governance of firms’ risk management at the enterprise level (e.g. through on-site inspections, off-site monitoring, standard reporting mechanisms, supervisory colleges)? Are escalation processes in place to facilitate the communication of specific situations/behaviours by individuals within a firm to the supervisor (escalation process and/or whistle-blowing)? Does your jurisdiction monitor firms’ remediation of weaknesses identified by the independent assessment of risk governance functions? If so, is the monitoring embedded in the supervisory process or based on firms’ progress reports?

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

Certified Risk and Compliance Management Professional (CRCMP) Distance learning and online certification program
Companies like IBM, Accenture etc. consider the CRCMP a preferred certificate. You may find more if you search (CRCMP preferred certificate) using any search engine. The all-inclusive cost is $297. What is included in the price:

A. The official presentations we use in our instructor-led classes (3285 slides)
The 2309 slides are needed for the exam, as all the questions are based on these slides. The remaining 976 slides are for reference. You can find the course synopsis at: www.risk-compliance-association.com/Certified_Risk_Compliance_Tra ining.htm

B. Up to 3 Online Exams
You have to pass one exam. If you fail, you must study the official presentations and try again, but you do not need to spend money. Up to 3 exams are included in the price. To learn more you may visit: www.risk-compliance-association.com/Questions_About_The_Certifica tion_And_The_Exams_1.pdf www.risk-compliance-association.com/CRCMP_Certification_Steps_1.p df _____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

D. The Dodd Frank Act and the new Risk Management Standards (976 slides, included in the 3285 slides)
The US Dodd-Frank Wall Street Reform and Consumer Protection Act is the most significant piece of legislation concerning the financial services industry in about 80 years. What does it mean for risk and compliance management professionals? It means new challenges, new jobs, new careers, and new opportunities. The bill establishes new risk management and corporate governance principles, sets up an early warning system to protect the economy from future threats, and brings more transparency and accountability. It also amends important sections of the Sarbanes Oxley Act. For example, it significantly expands whistleblower protections under the Sarbanes Oxley Act and creates additional anti-retaliation requirements. You will find more information at: www.risk-compliance-association.com/Distance_Learning_and_Certific ation.htm

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

_____________________________________________________________ International Association of Risk and Compliance Professionals (IARCP) www.risk-compliance-association.com

Understanding Risk Management and Compliance, May 2012

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Understanding Risk Management and Compliance, May 2012.
International Association of Risk and Compliance Professionals (IARCP)
http://www.risk-compliance-association.com
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Understanding Risk Management and Compliance, May 2012.

International Association of Risk and Compliance Professionals (IARCP)http://www.risk-compliance-association.com

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